지방이양일괄법 제정과 자치분권강화를 위한공법적 과제

Government has prepared an omnibus bill for the devolution of power to the regions as part of the measures for the substantial realization of local autonomy. And the bill passed the Cabinet meeting on October 23, and then handed over to the National Assembly for discussion. This omnibus bill for the devolution of power will serve the following purposes: First, it provides an important legislation basis on transferring administrative affairs to the local government. Second, it helps the local government to provide responsible administrative services as the autonomous affairs to be implemented under the responsibility of the local government are on the increase. Third, the established basis for transferring administrative affairs can accelerate the transfer in the future. Meanwhile, the author’s thoughts on the successful establishment of the omnibus law for the transferring administrative affairs to the local government and on the coming local autonomy and the devolution of power are summed up as follows: First, the author has a request to make with regard to the Presidential Committee on Autonomy and Decentralization. To accomplish substantial decentralization, devolution of power should center on bold transfer of the affairs both beneficial and friendly to the residents to the local government. In the future, quality of the affairs to be transferred will be more important their number; it will be the substance that matters. For this reason, the Presidential Committee on Autonomy and Decentralization should promote the bold transfer of affairs aiming for the substantial devolution of power for local autonomy, transferring major authority comprehensively rather than individual affairs individually to the extent that national law system and legal stability is not hampered. Second, the author sends wishes to the National Assembly that they should be able to examine and streamline the entire legal system relating to the omnibus decentralization law including the streamlining of the legislative procedure for discussing and accepting the omnibus bill for the devolution of power. Third, the author sends wishes to the local autonomous entity; Enhanced competence in judicial affairs of local governments can also be the key to the success of decentralization. This is because the local government in question and its residents are the actual operator of the local autonomy and decentralization. In this regard, now is the time to make full preparation and work hard in order to be ready for the transfer of work. The local entity should be aware that if the transferred work is not properly implemented this time, the 2nd and the 3rd transfer will become more difficult to be accomplished.