지방분권의 관점에서 본 헌법개정의 필요성과 주요 쟁점

Since the restoration of local autonomy following the 1987 constitutional amendment, Korea’s local governments have functioned as a vital pillar of national governance. Nevertheless, the persistence of a highly centralized state structure and the pathologies of a dominant presidential system continue to present structural limitations. Accordingly, recurring constitutional reform debates have increasingly emphasized the need to strengthen local decentralization as a core strategy for redistributing excessive power concentrated at the center. Such decentralization represents both the most fundamental means of achieving power-sharing and a structural alternative essential for the stable development of democracy. From the perspective of local autonomy, constitutional amendment is necessary for three principal reasons. First, the current text of Articles 117 and 118 provides an insufficient basis for deriving the essential elements of local self-government. The Constitution delegates the formation of the local autonomy system almost entirely to statutory law and limits local legislative authority to matters “within the scope of Acts,” thereby subordinating substantive autonomy to the legislative choices of the central government and the National Assembly. Second, to realize the principle of checks and balances aimed at preventing abuses of power, vertical decentralization across legislative, executive, and judicial functions between the central and local governments is indispensable. Third, the Constitution must be strengthened to reflect the evolving reality in which local governments are no longer subordinate administrative units but increasingly active and complementary policy actors. Key issues in the debate on constitutional reform for decentralization include: defining the identity of the Republic of Korea as a decentralized state in the Preamble or General Provisions; redesignating local governments as “local governments (local governments as governments)” to reinforce their legal personality; incorporating the principle of subsidiarity as a constitutional rule for allocating governmental functions; and expanding the scope of local legislative autonomy. Furthermore, constitutional guarantees of fiscal autonomy and a robust framework for intergovernmental fiscal equalization are required to address regional disparities. To enhance local participation in national governance, the introduction of a regionally representative upper chamber should be considered, alongside elevating the Central-Local Cooperation Council to a constitutional body. Finally, direct democratic mechanisms—such as local referendums and recall procedures—should be constitutionally enshrined, and effective constitutional remedies for infringements upon local autonomy must be established. Ultimately, constitutional reform should transcend partisan interests and focus on the structural imperative of decentralizing power. Strengthening local autonomy through constitutional revision is indispensable for remedying the deficiencies of the current Constitution and laying the institutional foundation for a more mature and resilient democratic state.