지역맞춤형 규제 완화를 위한 법제적 검토

Regions possess unique socio-economic characteristics and development potential, yet uniform regulations led by the central government often fail to fully reflect these differences. Especially as crises like population decline, aging, and regional extinction intensify, there is a growing demand to guarantee regional autonomy and vitalize local economies through regionally tailored deregulation. The government is making policy efforts, such as easing land use regulations, expanding special provisions for areas with declining populations, and operating the Local Regulation Innovation Committee. However, in the actual implementation process, several legal issues are emerging, including the ambiguity of local government regulatory authority in law, lack of legal stability and predictability, infringement of the right to equality, and insufficiency of procedural justice. Based on this problem awareness, this paper aims to analyze the legal issues of region-tailored deregulation from three perspectives: First, the ambiguity and institutional limitations of local government regulatory authority; second, the constitutional justification and legal stability of deregulation; and third, issues of equity and lack of communication during the regulation process. Based on this analysis, the paper seeks to propose directions for improving domestic legislation and explore practical policy and legal alternatives by referencing international cases from the United States, Japan, and the EU. Generally, regulation refers to the setting of certain requirements or standards in a specific field by the state or local government to achieve a particular policy objective, and the permission or prohibition of an individual’s action based on compliance. This extends beyond merely restricting actions to include methods where the state permits a specific action only to those who meet certain requirements, or delegates certain authority to specific individuals based on discretionary judgment. Furthermore, actions by private entities that result in sanctions for engaging in an activity without obtaining state permits, approvals, or concessions can all be considered within the scope of regulation. Such regulation must be understood as an action directly related to the restriction of constitutional rights, rather than just an administrative act. Its legal basis can be found in Article 37, Paragraph 2 of the Constitution, which stipulates: "All freedoms and rights of the people may be restricted by law only when necessary for national security, maintenance of public order, or public welfare." This implies that regulation may accompany fundamental rights restrictions and requires that its justification be rooted in law. Local regulation refers to all regulations enacted by a local government based on laws, which restrict the rights or impose obligations on the residents of that area to achieve certain administrative objectives. In other words, various permits, approvals, prohibitions, and obligations imposed by local governments in the form of ordinances or rules for the purpose of resident welfare are included in local regulation. Even if a norm is established by a local government, if it unreasonably discriminates against specific individuals or groups or causes irrational disparities between regions, it may violate the right to equality under Article 11 of the Constitution. For example, if the content of an ordinance imposes excessive burdens only on residents of a specific area or excessively restricts the rights and interests of residents outside that self-governing entity, it has the potential to be problematic as a violation of the principle of equality. Lack of legal stability and intensifying regional regulatory competition increase uncertainty, and if regulations overly favoring only certain regions are excessively applied, it can deepen economic inequality. To resolve these issues, region-tailored deregulation must be pursued cautiously, and practical alternatives are necessary. Therefore, the environment must be established wherein local governments can autonomously design and implement regulations by expanding the regulatory authority of local governments and clarifying the legal basis. Furthermore, during the deregulation process, legal predictability must be guaranteed, and redress mechanisms for rights violations must be strengthened to minimize uncertainty and conflict.