행정체제개편과 지방분권화에 있어서 법적 문제점 - 김포시 서울 편입 논의와 창원특례시 소방공무원 징계 사례를 중심으로 -

The administrative system reorganization has been discussed at the level of metropolitan local governments and the reorganization through the integration of cities, counties, and districts. The recent confusing discussion on the administrative system reorganization surrounding the incorporation of Gimpo City into the Seoul Metropolitan Government has been related to the local decentralization. There are aspects that arise from the absence of a constitutional decision on balanced development and local decentralization. In this respect, local decentralization and regional balanced development need to be promoted to guiding principles under the Constitution, and through this, local decentralization and regional balanced development can be effectively achieved through the means of administrative system reform. Decentralization must be carried out not only with the reorganization of the administrative system but also with the transfer of office authority. And this transfer of business as a special case must be carried out not only in legislative form but also in substance and clearly to prevent legal instability. As seen in the metropolitan mayor's authority to approve general industrial complexes, there is a need for a practical transfer of special administrative authority. The problem was that the fire service special provisions were unclear in Special Act on Local Autonomy Decentralization and Balanced Regional Development, and although legal instability could be prevented through revision of fire-related laws, the National Fire Agency and the Ministry of the Interior and Safety neglected the legal instability. This is reappearing in the court's ‘unstable’ rulings related to the disciplinary action of firefighters, and in the end, despite the Constitution advocating legalism for the status of public officials, the legal status of firefighters in Changwon Special City is very unstable. The relevant National Fire Agency and the Ministry of Public Administration and Security must correct the legal instability caused by this legislative act as soon as possible.