KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Background and Purpose of Research

▶ Background of the Study

○ Direction of reorganization of local administration system according to the super-regional policy

- The super-regional policy and the guarantee of local autonomy in accordance with the national balanced development should be promoted in a constitutionally harmonious manner; therefore, the reorganization of the super-regional policy and the local administration system should be conceived and promoted in an institutionally harmonious manner

○ Current Status and Challenges of the Three Special Autonomous Regions

- The three special autonomous regions have a single zone and good conditions for concentrating administrative and financial capacities, but it is necessary to identify the limitations of the legal system for the development of potential development capacities and linked development of autonomy and seek ways to improve the legal system to overcome them

○ Current Status and Challenges of 4+3 Superregions

- In order to effectively and efficiently realize the major national task of developing the 4+3 super-regions, the transfer of administration and affairs to the super-region promoting entities should be promoted, and it is an urgent task to establish a close cooperation system with the central government as well as a cooperation system between local governments

▶ Method and Purpose of the Study

○ Methodology

- This study was conducted through a collaborative research method by receiving brief issue papers from experts at each local research institute on the phenomena being discussed in each region and through expert discussions

- The report will take the form of a synthesis report that compiles the manuscripts of various experts to make a comprehensive normative assessment and review institutional alternatives, and is expected to provide strategic directions for various policies such as future decentralization policies and adaptation measures to demographic changes by revealing the normative implications of the reorganization of the local administration system into super-regions

○ Purpose of the study

- This study aims to evaluate from a normative perspective what the future local administrative system should look like and explore alternatives based on the changed administrative reality after the implementation of the local autonomy system and the institutional models such as the special autonomous region system and the regional federation that have emerged as models of local decentralization, as well as the changes in demographic structure that Korea is currently facing and the need to seek national balanced development in response to them

 

Ⅱ. Contents

▶ Normative significance of the local administration system and its relationship to local autonomy

○ Normative significance of the local administration system and its legislative history

- In order to examine the normative significance of the local administration system, we attempted to review the history of the revision of the Special Act on the Reorganization of the Local Administration System, enacted in 2010, the institutional basis for the establishment of rural-urban municipalities, and the process of establishing rural-urban municipalities

- In addition, the standards and principles that should be considered in the local administration system were examined from three aspects: (1) resolving local residents' inconveniences, (2) strengthening the competitiveness of integrated local governments, and (3) administrative and financial support

○ Limitations of the current legal system for reorganizing the local administration system

- The limitations of the current system for reorganizing the local administration system are presented by analyzing the local government system, including the types and functions of local governments that the Constitution reserves to be determined by Act, and the possible impact on the local autonomy of the local government system due to the reorganization of the local administration system

▶ Development of the Special Autonomous Region Model

○ Discussions and issues in the process of establishing Jeju Special Self-Governing Province

- We attempted to analyze the issue of reorganization of the local autonomy system, i.e., the process of reorganization from a two-tiered system to a single-tiered system, and the Constitutional Court's decision on the implementation of the referendum and reorganization to a single-tiered system, which became an issue during the establishment of Jeju Special Self-Governing Province, the first special autonomous region to apply the special autonomy model

- The legal significance and limitations of the establishment of the Jeju Special Self-Governing Province were presented by examining the transfer of authority, autonomous legislative power, autonomous fiscal power, and the relationship with the International Free City, one of the pillars of the purpose of the establishment of the Special Self-Governing Province

- By examining the step-by-step institutional improvement process for the completion of the Jeju Special Self-Governing Province model, it was possible to confirm that there have been policy efforts to expand autonomy, such as the transfer of authority to Act units and comprehensive authority, for 20 years to establish the Jeju Special Self-Governing Province as a decentralization model

- This proves that the autonomy of the Jeju Special Self-Governing Province has played a strong role in the proper establishment of the Jeju Special Self-Governing Province as a decentralization model, and that the exercise of autonomy appropriate to regional characteristics contributes to strengthening regional competitiveness

- In other words, as a high degree of autonomy is guaranteed, it can be confirmed that comprehensive authority transfer rather than segmental authority transfer is effective in solving regulations that limit regional competitiveness, and that internal control is possible according to the principle of checks and balances to dispel concerns such as indulgent administrative operations

▶ Changes to the special autonomy system due to the establishment of the Gangwon and Jeonbuk special autonomous regions

○ Legal Status of Special Autonomous Regions in the Local Autonomy Act

- The Special Act recognizes special autonomous regions as a type of local government and divides them into two types: special autonomous regions with cities and counties and special autonomous regions without cities and counties, and states that it is a legislative imbalance to grant special privileges to Jeju Special Self-Governing Province in consideration of the "particularity of the local administration system."

- In other words, with the establishment of the Gangwon Special Autonomous Region and Jeonbuk Special Autonomous Region, the Special Act on Local Autonomy, which is the basis of the local autonomy system, did not properly establish the standards and principles for the special autonomy system

○ Characteristics of the Establishment Process of Gangwon Special Autonomous Region: Comparison with Jeju Special Autonomous Region

- The Gangwon Special Self-Governing Province is different from the Jeju Special Self-Governing Province, which was established with the strong support of the central government, in that it was established based on the needs of the Gangwon Province, and it was suggested that there are limitations such as the central government's passive attitude towards granting special privileges and establishing relationships with cities and counties in the jurisdiction

○ Characteristics of the Jeonbuk Special Self-Governing Province

- Jeonbuk Special Self-Governing Province is more about expanding the territory of autonomous affairs rather than special cases, and has limitations in terms of fiscal decentralization

▶ Evaluation of the development process of the special autonomous region system

○ Need to review the standards and principles of the special autonomy system

- The introduction of the special autonomy system will require a demonstration of 'specialness' that justifies the guarantee of special autonomy

○ Need to secure justification for recognition of special autonomy

- The central government should support the step-by-step institutional improvement of Gangwon Special Self-Governing Province and Jeonbuk Special Self-Governing Province by reflecting the experiences and achievements of Jeju Special Self-Governing Province as a model for the special autonomy system, and establish a development strategy to demonstrate the need for special autonomy

- Universal administrative demands are responded to according to the standards and principles set by the central government, but special administrative demands are autonomously defined and responded to by local governments and residents, and the settlement of the special autonomy system should be induced to eliminate blind spots in administration

▶ Discussions and Issues Regarding the Superspecial Region Administration System by Region

○ Discussions on the establishment of a super regional administration system and limitations of the current cooperation system between local governments

- If the establishment of a super-regional administrative system is understood as a way to improve the efficiency of administration by strengthening cooperation among local governments, it should be possible to utilize the current interlocal cooperation system under the Local Autonomy Act

- However, the current system of cooperation between local governments under the Local Self-Government Act has inherent limitations that make it difficult to expand local autonomy and secure the efficiency of self-government administration

- Administrative consultative council is a system for jointly handling some of the affairs, which is not related to the expansion of autonomy, and its utilization is limited due to unclear responsibilities

- The following Local Governments Associations are guaranteed the status of public law, but there are indications of financial weaknesses, such as the lack of contributions, and inefficiency due to excessive involvement of constituent local governments

- The special local government system was introduced in the Local Government Act to handle the autonomous affairs of the super-region, but it has no tax authority and is limited in its function as a comprehensive administrative entity for the super-region

○ Discussion on the Buul-gyeong Special Federation

- Even before the introduction of special local governments under the Local Autonomy Act, the Buulgyeong region has been discussing the establishment of a super-regional cooperation system, and the Buulgyeong Special Alliance was launched following the introduction of the special local government system

- The Buulgyeong Special Alliance was dissolved due to the withdrawal of Gyeongsangnam-do, which was concerned about (1) the limitations of the system, including the lack of independent authority, (2) the limitations of the joint work method, including unclear responsibilities, (3) concerns about the straw effect centered on Busan despite some net functions such as expanding the traffic network, (4) problems with the decline in Gyeongnam's self-sufficiency and competitiveness in the 4th industry, (5) the marginalization of western Gyeongnam, and (6) the burden of financial expenditures and personnel dispatch for the operation of the special alliance

- In addition, issues in the process of establishing the Buulgyeong Special Alliance included competition for the location of the government office, controversy over the scope of the office, opposition from basic local governments, and lack of social consensus among local residents

○ Discussion on the integration of Daegu and Gyeongbuk administration

- The discussion on administrative integration of Daegu and Gyeongbuk was raised to resolve the disparity in living relationship due to the separation of Daegu Metropolitan City and Gyeongsangbuk-do, wastage of administration costs due to competitive relationships, and delays in the construction of infrastructure in the super-region

- Daegu Metropolitan City and Gyeongsangbuk-do, which had been promoting voluntary win-win cooperation such as economic integration prior to administrative integration, agreed to integrate their administrative zones, i.e., administrative integration, but issues such as (1) lack of awareness and consensus on administrative integration, (2) weak administrative foundation for win-win cooperation, and (3) lack of legal status of cooperation organizations for win-win cooperation and whether to maintain the autonomy of cities and counties became issues

○ Discussion on the integration of Gwangju and Jeonnam administration

- The discussion of Gwangju-Jeollanam-do cooperation was raised immediately after the separation of Gwangju Metropolitan City and Jeollanam-do, and the discussion of administrative integration was raised on three occasions, but it was evaluated as unsuccessful due to lack of consensus among residents and institutional limitations

- Currently, the Gwangju-Jeonnam metropolitan cooperation discussion is seeking a paradigm shift from competition with the Seoul metropolitan area to cooperation, while the establishment of a special autonomous region in Jeollanam-do is being promoted

○ Establishment of the Chungcheong region

- The Chungcheong region was late in establishing a supra-regional cooperation system, but succeeded in establishing a regional coalition by emphasizing the hub function of the metropolitan area and other regions as the center of the country

- The Chungcheong region has been characterized by the adoption of a special local government system under the current local autonomy law rather than a controversial approach such as amending the Act, the establishment of regional cooperation affairs that is relatively easy to agree on, and the lack of opposition from citizens

▶ Improvements to the legal system for the implementation of 4+3 super-regionalization

○ Legal issues and improvement measures for administration integration

- Since the discussion of administrative integration among metropolitan governments results in changes in the autonomy of basic local governments within the jurisdiction, legal procedures for agreement with basic local governments should be established

- It is necessary to institutionalize procedures such as referendums to build consensus among residents before the declaration of administrative integration

- Measures to correct the imbalance between the local governments to be consolidated, and in particular, measures for balanced development in the region, such as the accessibility of residents as a criterion for the location of government offices, should be elaborated

- Consideration should be given to the compatibility of the system with other laws related to local autonomy, such as the Local Autonomy Act and the Local Tax Act

- For reference, the integration process proposed in the "Special Act on Support for City and Metropolitan Integration and Jurisdictional Change" bill in the National Assembly is positive in that the referendum is conducted by the Minister of the Interior and Safety, but the recognition of another type of local government called a special local government requires careful consideration in terms of system consistency with the Local Government Act and the limitation of the purpose of integration to regulatory liberalization

○ Legal Issues and Improvements for the Special Local Government (Metropolitan Alliance) System

- The special local government (metropolitan federation) system requires that the legal responsibilities and issues for securing expenses for the jointly handled affairs between the constituent cities and provinces, i.e., super-regional affairs, should be organized

- In particular, issues to secure the autonomous financial power of metropolitan alliances, such as the Local Finance Act, the Local Tax Act, and the Local Subsidy Tax Act, need to be improved

- In addition, the central government should strengthen its support, including improving the system to ensure full authority to handle the affairs stipulated in the agreement

- Education is an important issue for local autonomy, but it is unclear whether the supra-metropolitan affairs of the metropolitan federation can handle affairs related to education or academic affairs, so it is also necessary to establish the relationship with educational autonomy.

○ Steps to ensure the success of megacity policies

- Administrative integration is the best way to strengthen regional competitiveness through strong solidarity, but there are many issues to be resolved, such as building consensus among residents and establishing cooperation with basic local governments, so it is necessary to demonstrate the effectiveness of integration while implementing megacities through the improvement of the megacity federation system

- Since administrative integration is possible only after the premises such as strong trust of residents in the administration and conflict resolution measures among residents have been established, policy efforts to resolve regional disparities should be made first

 

Ⅲ. Expected Effects

▶  Contribute to the discussion on establishing a system for cooperation in super-regional areas

○ Need to fulfill the premise of the discussion on establishing a supra-regional cooperation system

- By presenting the failure factors through empirical cases of the discussion on the establishment of a supra-regional cooperation system, it is possible to reduce trial and error by presenting the standards and principles necessary for the discussion on cooperation methods such as the formation of special local governments or the integration of administration

○ Contribute to establishing the relationship between local autonomy and the reorganization of the local administration system

- It can contribute to the balanced promotion of both systems by identifying problems and limitations that may arise in reorganizing the local administration system while ensuring the essence of local autonomy and suggesting improvement measures

▶ Can contribute to the improvement of the special autonomous region system

○ Proposing a model for the development of the special autonomous region system

- Through the review of issues and step-by-step institutional improvements in the process of establishing Jeju Special Self-Governing Province, a model for the development of the special autonomy system was presented

- It can contribute to the establishment of development strategies for Gangwon-do and Jeonbuk-do in the future

○ Contribution to the discussion on unification of the special autonomous region system

- Provides a basis for discussion to clarify the nature and character of the two types of special autonomy systems based on institutional stability, consistency, etc