• Journal of Agricultural Extension & Community Development
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• v.12 no.1
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• pp.57-68
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• 2005

Since about 2000. local government has started making ordinance related to the rural development planning which is revitalizing rural area through using rural resource. But, the ordinance of local government have not any contents relating to the land use planning system that is necessary in rural development planning. According to the present local autonomy act, ordinance can not have any regulations restricting basic human right without being allowed by law. In recent, central government is considering to hand power making land use planning system over local government. This paper is to study how to expand the legislative power of local government. This study discussed on logical bases through examining disputes on legal theories, the nature of local ordinance, range of local autonomy affairs and cases of local ordinance.

• The Korean Journal of Archival Studies
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• no.72
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• pp.33-89
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• 2022

Recently, following the opening of the Gyeongsangnam-do Archives and the Seoul Archives, work to establish local archives management institutions in cities and provinces is being actively carried out. In this process, there is an institution directly or indirectly affected by the records management work following the emergence of metropolitan·provincial office of education records management institutions. Article 11 of the current Public Archives Act is centered on cities and provinces, such as giving only the mayor and provincial governor the duty to establish a local record management institution. When a management agency is established, only the obligation to transfer the records with a retention period of 30 years or more among the records under its jurisdiction is specified. This is not appropriate when considering that each metropolitan·provincial office of education and each metropolitan·provincial perform their own duties and roles at the metropolitan·provincial level in accordance with the Constitution and laws. Therefore, in this study, legally, institutionally and historically, the fact that metropolitan·provincial offices of education and metropolitan ·provincial are the core institutions that realize local educational autonomy and local autonomy, and are equivalent administrative agencies independently in charge of their own affairs in their respective jurisdictions. We compared and examined the need to revise Article 11 of the current Public Archives Act, which is overly composed of cities and provinces, and presented the expected effects of the establishment of local records management institutions by cities and provinces of education.

• Journal of the Korea Society of Computer and Information
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• v.26 no.3
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• pp.155-165
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• 2021

The measures to extend local education autonomy are as follows: First, it is necessary to correct the confusion of the legal system of the local education autonomy system. For this, Article 12, Paragraph 2 and 4 of the 「Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems」 which state that "The State shall endeavor to consolidate systems for autonomy in education and local government" and "The implementation of autonomy in education and the autonomous police system shall be prescribed separately by Acts" should be deleted. Second, it is necessary to clarify unnecessary legal matters and regulatory measures for unification at the national level and to proactively consider the introduction of the legal trust system, in which education affairs are designated as local governments' own work and the state carries out specific affairs. The decentralization of local education finance is a key factor for the development of local education autonomy, and it requires the transfer of authority and resources to the region, and the enhancement of local autonomy and corresponding responsibility. First, the ratio of special grants must be adjusted further (from 3% to 2%) or the ratio of national policy projects must be lowered. Second, the provision that requires a consultation with a mayor/governor when making a budget covered by transfers from general accounts should be deleted. Third, it is necessary to remove the elements that limit the authority of city and provincial councils. Fourth, it is necessary to integrate the national education tax and the local education tax to create the education autonomy tax (tentative name) for only one independent purpose. Fifth, it is necessary to strengthen the distribution of the total amount of grants and abolish the settlement regulations for the measurement items of standard financial demand. Sixth is the expansion of the participation of stakeholders and experts in the grant distribution process. Seventh, it is necessary to establish a long-term employment system by designating the education finance field as a special field. Eight is the expansion of cooperative governance.

• 한국사회정책
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• v.25 no.2
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• pp.367-402
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• 2018

This study analyzed the relationship between the act on the guarantee of rights of and support for persons with developmental disabilities(Act for PWDD) and the similar ordinance of the local governments based on this law and focused on the correspondence(the rate of reflection) and the autonomy(differentiation). As of October 2017, 63 local government regulations and Act for PWDD were analyzed in this study. The results of the analysis are as follows: First, the rate of reflection in the ordinance of Act for PWDD was different according to the clause. In the aspect of emphasizing welfare support, the agreement between local ordinance and rate was high. While the Act for PWDD emphasized the rights of persons with developmental disabilities, there was little information about their right in the ordinance of local governments. This is evidence that current ordinance is based on the protective point of view for people with developmental disabilities. In the future, policy measures will be needed to ensure that respect for decision-making by persons with developmental disabilities and rights guarantees are included in the bylaws. Second, there is a provision that the rate of ordinance reflection is 0%, which may be guaranteed by other laws in the area, so it does not mean the absence of related system in the region, but there is possibility of institutional blind spot. In the future, consideration should be given to the complementarity of other legal systems in the area with developmental disabilities, so that persons with developmental disabilities should not be placed in institutional blind spots. Third, the autonomy(differentiation) of local ordinance was examined from the contents aspect and the administrative aspect to help practical implementation. The differentiation between the ordinances vary. Emphasizing the responsibilities of the head of the organization, emphasizing the fact-finding survey, setting up the welfare committee, or adding local needs were included to the ordinance. Local governments considering the enactment of ordinances in the future should refer to these cases and establish enactable local ordinances that take advantage of the characteristics of local autonomy.

• KDI Journal of Economic Policy
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• v.31 no.1
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• pp.27-69
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• 2009

This paper studies the logic of fiscal constraints and fiscal autonomy in a political agency model with both moral hazard and adverse selection. The electoral process not only disciplines incumbents who may act against the public interest but also opts in politicians who are most likely to act along voters' interests. We characterize perfect Bayesian equilibria under shared tax system and fiscal autonomy with fiscal constraints for local public good provision. It is shown that the local voters' expected welfare under fiscal autonomy is higher than under shared tax system if the same fiscal constraints are applied. In order to examine the effects of party's candidate selection processes on the behavior of local politician and national politician, we extend the model to an environment where local politician can compete for the candidacy of national assembly with incumbent national politician. If local politician wins majority of votes against incumbent national politician, then he can move on to serve as a national politician. Otherwise, his political career will end as a local politician. It is the gist of this primary system portrayed by this setup that local politician and national politician compete to garner more votes. Therefore, primary system as a candidate selection mechanism enhances local residents' welfare compared to top-down candidate selection processes.

• Journal of the Korea Society of Computer and Information
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• v.28 no.2
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• pp.191-200
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• 2023

The U.S. education policy making and execution process, in which residents can directly participate as members of state or local boards of education, without entrusting a small number of experts to decide on issues of sharply intertwined political interests, can be presumed that it played a role in preventing conflicts and disputes that may arise due to differences of opinion or differences in the interpretation of laws and regulations between subjects. Such a consensus system in the United States suggests a supplementary point to the local education administration system in Korea, where conflicts between various educational entities are occurring because of the current excessive dependence on one superintendent of education.

• Journal of Legislation Research
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• no.54
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• pp.71-110
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• 2018

Starting from the agenda that we should determine the function of local government at each level in order to facilitate decentralization, this article is dedicated to demonstrating problems in the practice of Korean legislation today. On the one hand, in the "local autonomy act", the local governments' function is designated by the term "affairs of local governments" which includes autonomous duites and the duties delegated by the State to local governments. Meanwhile, all of acts by which governments are granted the power of execution, upon the principle of "the reservation of law", does not distinguish the nature of each authority as well. On the other hand, as regards the legal status of the territorial collectivity, the practice in the legislation does not clearly distinguish between territorial representation and national delegation. If we want to achieve the decentralization, we should reevaluate and determine EVERY authority and responsibility of administrative service in terms of its nature whether it is for the local diversity or for the standardization of public service in the State. In following, we should have the terminology by which we can designate the territorial collectivity which is distinguished from the national organ at the local level in the legislation.

• The Journal of Fisheries Business Administration
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• v.54 no.4
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• pp.1-18
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• 2023

This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.

• Journal of the Korean Society for information Management
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• v.33 no.4
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• pp.293-312
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• 2016

This study aims to shed light on the relationship between information official disclosure and records management in the local government's authority regulations. To that end, analyzed 337 local autonomy laws found in ELIS and the Ministry of Office of Legislation. As a result, it found a link between the 'Public Records Act' in terms of 'records preservation (making minutes)', 'information disclosure procedures for transferred records,' and claims receiving department. 'Record keeping (written minutes)' was similar to that of the 'Public Records Act,' and the 'Claims Receiving Department' mentioned 'Record Management Department.' However, the 'Claims Reception Department' had a strong characteristic of the civil service department, and the 'Public Record Act' did not specify the clause in terms of 'minutes of the minutes.' In 'relation with other laws.'

• Journal of Korean Society of Water and Wastewater
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• v.36 no.5
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• pp.275-287
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• 2022

In order to overcome the small scale of Korea waterworks and to achieve comprehensive improvement and innovation transformation, the waterworks integration was reviewed. The effect of consolidation was confirmed by the integration of the water supply business in the southern Gangwon region and the western Gyeongnam region in Korea, such as an increase in the flow rate and a decrease in the production unit cost. After facing management and service limitations overseas, more than 1,000 small-scale waterworks projects in the UK were integrated into 27 waterworks providers, and Japan also revised the Waterworks Act in December 2019 and is in the process of integrating waterworks. It is considered appropriate to promote the integration of waterworks projects in Korea by respecting the autonomy of local governments, but using a participatory method, a win-win method, and a linkage method. For the integration of waterworks projects, three strategies are proposed: First creating a national foundation for integration (revision of the Waterworks Act), Second establishing a waterworks integration strategy led by local governments, Third forming an external consensus and providing incentives for participation.