지방자치단체의 자치조직권 보장을 위한 법정책적 방안에 관한 연구

In January 2020, the Local Autonomy Act was completely revised, but the regulations on the right to organize self-government of local governments are still accompanied by excessive regulation and control by the government. In other words, even if the head of a local government tries to efficiently perform self-government affairs by reflecting the characteristics and administrative demands of the region, the government's monolithic and detailed statutory regulation restricts the formation of autonomous organizations. This reality makes local governments unable to properly respond to the administrative demands of residents, leaving the residents to bear the damage. Therefore, it is necessary for each local government to determine all matters concerning the organization of local governments according to their own circumstances. This right to self-governing organization is the most basic element for a local government to exist as a self-governing body. If a local government cannot freely organize and operate its own organization, it has only a status as a subordinate institution of the government. It is to distort what guarantees autonomy as an institution, and to make it empty. Therefore, the right to self-organization of local governments can be said to be one of the autonomy rights that must be guaranteed. Therefore, in a situation where local autonomy is currently being implemented in Korea and local autonomy is guaranteed as a system in the Constitution, in order to realize the local autonomy system well by expanding and guaranteeing the right of self-organization of local governments, government by statutes, etc. The direct control method of the local government should be avoided, and the control by local councils and residents should be strengthened so that checks and supervision by local governments themselves can be carried out.