주민투표제도에 관한 헌법적 검토

It has been more than 15 years since the Local referendum was institutionalized and implemented under the current Constitution, but the actual results are not reaching expectations. Therefore, it is important time for a fundamental review from the constitutional perspective. First of all, in this study, the classical constitutional theory of whether the means of direct democracy, such as the Local referendum system, can be accepted under the current constitutional structure based on indirect democracy and representative system. Subsequently, even in the case of the Local referendum system as a method for confirming the intention of the local government, the nature or effect of the right for the Local referendum is different depending on whether the characteristics of local autonomy are viewed as Collective autonomy or Resident autonomy. To examine this problem, I would like to analyse the relationship between the Local referendum and the characterization of local autonomy by the State Form. Furthermore, the aim of this study was to find out whether the establishment of a Local referendum system by law, which is an institutional device for the realization of local autonomy, is consistent with the Constitution. The aim was to present a constitutional and legal method by which the system can take root. In order to make up for the lack of constitutional suitability for Local referendums, it is necessary to at least make explicit provisions on constitutional Local referendums through constitutional amendments. Furthermore, in order to guarantee the right for the Local referendum as a constitutional basic right, the provisions on how to exercise sovereignty, the form of state, and the basic right provision should be supplemented. Also, if the Local referendum is actively implemented at the level of the Local referendum law and it is intended to expand the participation opportunities of the residents in the area of local autonomy, the provisions on the subjects, methods, and effects of the referendum within the scope not contrary to the Constitution. The contents should be supplemented in the direction of revision or new establishment of the Local referendum.