의원발의 조례의 질적 제고를 위한 입법과정 개선에 관한 연구

Low birth rates, super-aging population, and concentration in the metropolitan area have led to a crisis of 'local extinction'. Regional-specific policies to overcome the regional crisis have led to an increase in self-governing laws that govern the affairs of each region, and the increase in delegation ordinances and decentralization due to the diversification of administration are accelerating this phenomenon. Although there are concerns about ordinance inflation due to the increase in the quantity of ordinances, there are many concerns about the ordinance legislation process in which inspection devices such as regulatory impact analysis or legislative impact analysis corresponding to legislation are not institutionalized. In particular, in the case of ordinances initiated by local council members, the legislative process is simpler than that of local government heads, making it difficult to ensure quality and often being circumvented. Accordingly, in order to strengthen residents' participation in the legislative process of local governments and to enhance the expertise of ordinances initiated by local council members, it was intended to suggest ways to improve the overall quality of autonomous legislation by improving the process of enacting and revising ordinances. First, changes are needed in the period and timing of legislative notice to strengthen residents' participation in the autonomous legislative process. The ordinance initiated by local council members needs to be institutionalized to announce legislation for at least five days after the initiative, and to announce legislation for at least 20 days from the draft stage before the initiative, the same as the legislative notice period of the ordinance initiated by the head of a local government. Public hearings or hearings, which were not essential procedures in the legislative process of the ordinance, should be held in a brief manner, such as online discussions, to increase contact with residents on legislation and to expand the participation of external experts by holding legislative policy seminars or debates. These institutional improvement efforts are expected to secure democratic legitimacy of the legislative process, share information on pending issues with local residents, and seek consent to secure a stable environment for enforcement of the ordinance initiated by lawmakers and prevent conflicts. On the other hand, it is essential to establish a system of pre- and post-legislative evaluation to secure the expertise of ordinances initiated by local council members. It is necessary to establish a legal basis for the legislative evaluation system and apply legislative evaluation without exception to ordinances initiated by council members, but to secure the reliability of the evaluation by forming a specialized legislative evaluation body that does not belong to the heads of local governments and local councils. It would be desirable to form a legislative support and evaluation body between the heads of local governments and local councils to deliberate before all ordinances are presented to the council before they are put on the agenda, and analyze the effectiveness after a considerable period of time has passed since their implementation to use it as data for improving the legal system of local autonomy. This introduction of laws and institutions has a problem that the legislative process is excessively delayed due to the creation of many procedures in the autonomous legislative process. Securing procedural legitimacy and legislative operation of local laws trusted by residents should be prioritized over prompt response to complex and diverse administrations required by local governments today, and can be used as an opportunity to enhance legislative expertise of executive agencies and local councils. Rather, careful legislation will be able to avoid frequent enactment and amendments to self-government laws and reduce demands for reconsideration or complaints, thereby increasing legal stability and simplifying administrative processing procedures. Therefore, the practice of local governments, which are enforcement agencies, to bypass legislation by ordinances proposed by local council members will be reduced, and problems will be reduced after its implementation, reducing social costs such as civil complaints and lawsuits. Above all, it is expected to protect the local autonomy system guaranteed by the Constitution and the Local Autonomy Act, and to faithfully carry out the principle of checks and balances between institutions and the principle of distribution of authority.