Basic Report

At present, the provisions on the work scope under Article 9 of the Local Autonomy Act and the standards on the division of national and local works under Article 10 and 11 of the Local Autonomy Act are only abstract principles, and there are many difficulties in applying them in the actual work distributions. Efforts should be made to identify new local work areas through national work surveys from the standpoint of decentralization, to reclassify local works standards, and to find new standards. Therefore, this study aimed at re-establishing new principles and standards for work distribution to effectively promote decentralization. The clarification of the standards of work distribution between the national and local governments is the foundation for enhancing the applicability of the work division criteria and facilitating the discovery of local- transfer work.
   According to the legislation analysis, legislators state many legal works as joint works in terms of legal stability. This legislative measure can be understood as a mechanism for any administrative agency to provide services to the public. On the other hand, jurisdictions may overlap and result in unclear authority and responsibilities for works. Responsible authorities in works, which are linked to the central, wide-area, and the local, may cause problems in which the responsible competent authority may become obscure in reality. When the authority and responsibility of all works are consistent and the jurisdiction becomes clear in the process of enactment and amendment of the law, administrative agencies can implement responsibility administration with completeness, and residents can easily receive civil complaints or administrative services.
   In order to implement the principle of decentralization and to enhance the service for residents, the authority of local governments needs to be strengthened. Currently, the government is implementing legislative amendments by discovering works for local transfer of central authority and analyzing the effects of the transfers. In order for these substantive decentralized measures to take effect, the principle of full power and supplementary principle should be considered in the process of enactment and amendment. In addition, the legislative process should be enacted and amended taking into account constitutional declarations on the welfare of residents.
   The principles and standards of work allocation proposed in this study should be considered in the process of enactment and revision of the law. The decentralized prior consultation should be an opportunity to promote the authority and responsibility of local governments in the process of enacting and amending laws. The decentralization through the consultation system needs to be continually evaluated so as not to increase the cost of local governments.