This study explores legislative measures for institutionalizing Resident Autonomy Councils from the perspective of resident sovereignty and ai ms to establish theoretical and institutional foundations for revitalizing l ocal autonomy in Korea. By exam...
This study explores legislative measures for institutionalizing Resident Autonomy Councils from the perspective of resident sovereignty and ai ms to establish theoretical and institutional foundations for revitalizing l ocal autonomy in Korea. By examining the constitutional basis—particula rly the principle of popular sovereignty in Article 1, human dignity and the right to pursue happiness in Article 10, and local autonomy provisio ns in Articles 117 and 118—this research confirms that local autonomy represents a fundamental constitutional institution for realizing sovereign ty within everyday life. In this process, attention is given to the basic r ights dimension of local self-governance, the concept of “substantive l ocal autonomy” grounded in the principle of popular sovereignty, and historical international cases such as the French sans-culottes movemen t, the 1871 Paris Commune, Tocqueville’s townships, and Japan’s Sho up and Kanbe recommendations of 1950. The analysis links Korea’s ce ntralized governance structure with fundamental theoretical reflections on sovereignty and state theory, identifying essential elements of a sub stantive local autonomy system. Alongside democracy and separation of powers as ideological foundati ons of local autonomy, this research highlights the necessity and legal-t heoretical basis for institutionalizing resident-based self-governance org anizations as practical mechanisms for realizing resident sovereignty. Mo dern representative democracy has structural limitations in sufficiently e mbodying popular sovereignty and democratic principles, requiring instit utional reforms that expand direct resident participation. Genuine local autonomy can secure legitimacy and effectiveness only when participato ry democracy—where residents directly engage in everyday political and administrative decision-making—is realized. Resident sovereignty represe nts a localized embodiment of popular sovereignty, referring to autonom ous participation of residents as principal actors in governance. From th is perspective, revitalizing local autonomy means realizing resident self- governance grounded in resident sovereignty; however, actual institution al practice remains insufficient. Since its origin as the Resident Autonomy Committee in 1999, Kore a’s Resident Autonomy Council system acquired its initial legal footing with the enactment of a special law in 2010, expanded into pilot imple mentation beginning in 2013, and underwent legal structuring through t he 2023 Special Act on Decentralization and Balanced Regional Develop ment. Nevertheless, core operational matters—including establishment ti ming, composition, finance, and organizational authority—have been dele gated to subordinate regulations, leaving the system largely dependent o n municipal ordinances and limiting it to experimental status. This has l ed to structural challenges such as unstable legal standing, unclear func tions and roles, insufficient financial autonomy, weak representativeness and participation, and ambiguous authority distribution, resulting in critic isms that councils function merely as subordinate or auxiliary bodies of local governments rather than exercising substantive decision-making po Evaluations of pilot operations conducted by the Ministry of the Interi or and Safety, as well as comparative analyses of exemplary local case s, demonstrate the urgent need for institutional reforms to enable mean ingful realization of resident sovereignty. International examples from Ja pan (Jichikai), the United Kingdom (Parish Councils), Germany, and Swit zerland (Gemeinde) illustrate that despite differing historical and legal c ontexts, states with advanced decentralization and civic self-governance commonly institutionalize resident participation and local autonomy, offe ring significant implications for Korean reform. If previous local autonomy centered on administrative and governmen tal structures, legislative institutionalization of Resident Autonomy Counc ils represents a shift toward governance in which residents directly part icipate and decide. Ultimately, such legislation constitutes a constitutiona l task of realizing popular sovereignty and fundamental rights in everyd ay life and represents a core mechanism of local democracy. Accordingl y, this study emphasizes the urgency of guaranteeing substantive local autonomy through decentralization-oriented constitutional reform, amend ment of the Local Autonomy Act, and enactment of an independent Re sident Autonomy Council Act. It further proposes restructuring municipal ordinance systems based on resident participation, clarifying functions a nd roles, securing representativeness and democratic legitimacy, strengt hening financial autonomy, and granting legal personality to councils. The institutionalization of Resident Autonomy Councils is a starting po int for revitalizing local autonomy by enabling residents to exercise sov ereignty directly and realize democracy in daily life—thus opening an er a of substantive resident sovereignty. When Tocqueville’s idea of the township as a “school of democracy,” Japan’s constitutional emphasi s on the essence of local autonomy, and Korea’s constitutional principl es of popular sovereignty and human dignity are integrated, Resident A utonomy Councils will emerge as a central institutional pillar for advanc ing Korean-style democracy.