한국지방행정연구원

Basic Report

Year
2023
Author
Ju, heejin · Kyung-Hun Ko · Ki-Yong Jeong

A Study on Enhancing the Autonomy of Local Councils: Focusing on Autonomous Legislative Powers and Autonomous Organization Power

search 14,844
download 670
DOWNLOAD
A Study on Enhancing the Autonomy of Local Councils: Focusing on Autonomous Legislative Powers and Autonomous Organization Powerdownload
Since the revival of local autonomy in 1991, ongoing discussions have centered around expanding the autonomy of local governments and their councils. Following the enforcement of the comprehensively revised Local Autonomy Act in January 2022, a variety of institutional foundations were established to bolster the autonomy of local councils. However, despite these advancements, feedback from both the field and academic communities indicates that the autonomy of local councils has not improved as anticipated. Concurrently, criticism has arisen regarding the councils’ ineffectiveness in utilizing available institutional mechanisms, despite the establishment of several such systems.
   In response, this study aims to analyze the current state of autonomy of local councils within a new policy environment and diagnose their levels of autonomy at both legislative and organizational levels. It acknowledges the evolving dynamics and roles expected of councils amidst changing institutional and environmental conditions. The goal is to explore specific improvement strategies to secure autonomy for local councils and to realize their future vision.
   The research is structured into five chapters, with Chapter 1 serving as the introduction. This chapter outlines the background and objectives of this research.
   Chapter 2 presents theoretical discussions on the significance of local councils and examines the theoretical and institutional aspects of their autonomy.
   It distinguishes between the relationships of various council bodies, categorizing them into vertical (National Assembly - Metropolitan Council - Local Council) and horizontal (Local Council - Executive Branch) relationships. It introduces an analytical framework that differentiates formal controls (constraints imposed by laws and regulations) from informal controls (constraints arising from customs and operational processes), based on the factors influencing autonomy constraints.
   Chapter 3 analyzes the state and levels of legislative autonomy in local councils. Despite a continuous increase in the volume of local regulations, legislative autonomy faces constraints due to the limitations set by the Constitution and the Local Autonomy Act, as well as interventions from the central government, superior local governments, and the executive branch. These constraints on legislative powers are identified as being predominantly formal controls, with vertical constraints occurring more frequently than horizontal ones. This analysis reveals that the level of autonomy of local councils is lower compared to the National Assembly and the executive branch.
   Chapter 4 examines the state and levels of organizational autonomy in local councils. Despite the recent improvements in organizational regulations through the revised Local Autonomy Act, autonomy concerning organizational matters remains inadequate. The study pinpoints constraints on the establishment of offices, structural composition, position grades, and personnel limitations within councils, highlighting the impact of both formal and informal controls on their autonomy.
   Chapter 5 offers recommendations for enhancing the autonomy and status of local councils. For legislative autonomy, suggestions include strengthening legislative capacity, widening the scope of legislative powers, ensuring the effectiveness of legislative actions, and refining procedures, as well as revisiting the dynamic between central and local governments. For organizational autonomy, recommendations encompass legal and regulatory reforms, personnel system reforms, granting councils the power to organize themselves, and strengthening councils' professional competencies.
   The study acknowledges certain limitations, including its focus on external constraints and the restriction of survey participants to council stakeholders. It recommend future research to explore internal factors and suggests considering a broader range of stakeholders for a more comprehensive analysis of autonomy in local councils.