강원특별자치도법의 입법구조에 관한 연구 ― 제주특별자치도법, 강원특별자치도법, OECD 분권화 보고서 원칙 비교를 중심으로

In South Korea, the trend toward strengthening autonomy has been embodied in the establishment of special self-governing provinces. Unlike ordinary local governments, special self-governing provinces are guaranteed legal status and autonomy based on special laws, rather than general legislation. This study conducts a comparative analysis of the Gangwon Special Self-Governing Province Act and the Jeju Special Self-Governing Province Act, in light of the principles of decentralization presented in the 2019 OECD Decentralization Report. The Jeju Special Self-Governing Province was established in 2006, while the Gangwon Special Self-Governing Province was launched as a special self-governing province in 2023. Jeju Special Self-Governing Province is recognized as a unique local governance model in South Korea, as it was the first special self-governing province to be implemented, granting it relatively greater autonomy compared to other regions. The Gangwon Special Act and the Jeju Special Act share the common goal of promoting regional economic development by ensuring a high level of autonomy from the central government. However, the two special self-governing provinces differ in terms of institutional structure and operational aspects. Jeju Special Self-Governing Province was designed as a centralized government-led model aimed at achieving national balanced development, based on a single-tier administrative structure. In contrast, Gangwon Special Self-Governing Province was differentiated by being planned and promoted at the provincial level as an independent initiative. The two provinces also exhibit differences in their regional characteristics. Jeju Special Self-Governing Province has pursued the establishment of an international free city as its primary goal, whereas Gangwon Special Self-Governing Province was established with the objective of becoming a future industry global city. The key project strategies of each province further highlight their distinctions. Jeju Special Self-Governing Province has focused on revitalizing the stagnating local economy by attracting tourists and foreign investment. On the other hand, Gangwon Special Self-Governing Province has structured its development initiatives around its unique regional characteristics, such as its natural environment, border area considerations, and the promotion of future industries. This study conducts a comparative analysis of the relative autonomy and primary policy initiatives of both special self-governing provinces, taking into account their unique regional development contexts and the characteristics of decentralized local governance. Jeju Special Self-Governing Province is included in the study because its special act serves as a model for the Gangwon Special Self-Governing Province Act. The study analyzes autonomy in terms of legislative authority, administrative authority, and fiscal autonomy. As decentralization has emerged as a key policy priority worldwide, the OECD published the “2019 OECD Report on Decentralization” to analyze global trends and best practices in decentralization, providing strategic insights applicable to different countries. The “2019 OECD Report on Decentralization” is a significant resource as it addresses global trends in decentralization, key national case studies, and the goals and challenges that decentralization can help achieve. This study aims to compare the legislative structures of Jeju and Gangwon with respect to legislative, administrative, and fiscal autonomy, while aligning them with the principles of decentralization outlined in the 2019 OECD Decentralization Report. By doing so, it seeks to provide insights and a legal-institutional foundation for improving decentralized local governance systems.