지역 격차 해소를 위한 공법적 과제 - 지방자치단체에 대한 국가보조금 교부의 공법적 의의를 중심으로 -

Disparities between regions and concentration in the metropolitan area lead to regional alienation. On the flip side, it is also a possibility that fat may be better to live in. In order to find that possibility, this paper focused on issues of fiscal law, especially the national subsidy system for local governments under the Subsidy Act. Originally, the Subsidy Act was a system in which the government provided support by adding expenses to encourage the business of subsidized businesses. However, when the state provides assistance to local governments, a very different legal relationship arises. It may be a relationship of delegation of national affairs, or it may form a relationship that promotes affairs of common interest between the state and local governments as planned by the Local Finance Act. While this relationship is of great importance in administrative practice, it seems to have rarely been the subject of legal analysis. While not subject to legal analysis, criticism, or overhaul, this system has evolved to faithfully reflect the needs of administrative practice. It played a role in making up for weak points in the Administrative Organization Act and the General Authority Act. The weak points are the problem that the local general administrative organization does not exist independently, that is, the problem in which the executive body of a public corporation for the welfare of residents is the general entrusted body of the country's regional administrative affairs, and the norms for delegation of national affairs between the state and local governments (heads). It refers to the problem of immaturity of the system. On this basis, national subsidies to local governments are being used as a system to enable local governments to carry out affairs of a national nature. The legal relationship between the central and local governments formed through this actually forms a relationship of delegation of national affairs or a relationship of so-called common interest affairs. Although the legal relationship between the delegation of administrative affairs should be governed by its own legal principles, the system provided by the Subsidy Act has the problem of being divorced from these legal principles. Focusing on this legal and institutional phenomenon, this paper sought to explain the imbalance of authority and responsibility between the state and local governments realized through the Subsidy Act.