The local council is a representative body of residents, an autonomous legislative institution, and an organ of oversight over the executive branch, thereby occupying an important position in the operation of localself-government. In practice, however...
The local council is a representative body of residents, an autonomous legislative institution, and an organ of oversight over the executive branch, thereby occupying an important position in the operation of localself-government. In practice, however, the powers vested in local councils are not infrequently exercised to their full extent. Although local governments in Korea formally adopt a structure of institutional separation between the executive and the legislature, the principal means of operation-authority, personnel, and budget-have long been concentrated in the executive branch. As a result, local councils, notwithstanding the various powers conferreduponthem by statute, have not secured a sufficient organizational, financial, and professional foundation to exercise those powers in a substantive manner. The limitations on the powers of local councils may be examined by distinguishing among vertical constraints, horizontal constraints, and internal limitations. Vertical constraints relate to the framework of the supremacy of statutes, thereservation of law, delegated legislation, and the allocation of affairs. Local councils hold the power to enact ordinances, yet where theregulatory scope of nationalstatutes and subordinate legislation is broad and the structure for allocating affairs is unclear, it is difficult for them to exercise their autonomous legislative power in an active manner. Even an ordinance intended to address a regional problem may be assessed as conflicting with the purport of a statute or with the regulatory content of subordinate legislation, and the less clearly national affairs are distinguished from autonomous affairs, the more the legislative space of the local council is restricted. To secure the effectiveness of autonomous legislative power, it is therefore necessary to interpret the principle of the supremacy of statutes in harmony with the constitutional guarantee of localself-government, to relax the restrictions on the power to enact ordinances imposed by subordinate legislation, and to define the scope of autonomous affairs more clearly. Horizontal constraints arise where the distribution of authority between the executive and the local council within a local government fails to achieve sufficient balance. The head of the local government holds core operational instruments such as the power to compile the budget, the power to manage the organization, and the power to manage personnel quotas, whereas the local council faces limitations in independently securing the organization, personnel, and budget necessary to check and control the executive. The independence of the personnel authority of the council chair is an important change, but personnel authority acquires substantive meaning only when it is guaranteed together with organizational power, personnel-quota power, and budgetary power. It is therefore necessary to clarify the local council's budget-request power and the compilation procedure, to strengthen the organizational power of the councilsecretariat, and to establish institutional mechanisms for securing specialized personnel on a stable basis. The power of administrative inspection and investigation likewise requires supplementation, centered on the submission of materials, the requirement of attendance, access to information, and the assurance that inspection results are implemented. Internal limitations concern the expertise, accountability, and transparency of the local council. Because it is difficult for council members to possess expertise across every policy field from the outset, a system that accumulates and supplements expertise at the level of the council itself is required. The training and education of council members, the management of council records, the policy-support function, and mechanisms for professional review must be operated in connection with actual legislative activities such as the review of ordinance bills, the deliberation of budgets and settlements of accounts, and administrative inspection and investigation. In addition, the systems of the policy-support officer and the expert committee member should have their scope of duties and division of roles clearly defined, consistent with their purpose of supporting public legislative activity. Institutional supplementation is also necessary to enhance the accountability and transparency of local councils. Legislative information-minutes, bill materials, voting results, the budget-deliberation process, and the results of administrative inspection-should be disclosed in a manner that residents can readily understand and use. Resident participation, too, should not stop at providing an opportunity to submit opinions, but should be linked to procedures through which it can be confirmed how the submitted opinions wereconsidered in the deliberative process. Furthermore, to the extent that the autonomy of the local council is strengthened, the systems of internal audit and internal control-capable of examining the service and misconduct of councilstaff and the ethics and conflict-of-interest issues of council members-must be put in order alongside it. Ultimately, securing the effectiveness of the powers of local councils is not a matter of simply expanding individual powers, but of establishing the conditions under which the powers already conferred can actually function. Autonomous legislative power, the power of resolution, the power of administrative inspection and investigation, and the autonomy of the council may appear to be discrete powers, yet in reality they are closely connected to a foundation of organization, personnel, budget, information, expertise, and accountability. To enhance the effectiveness of the powers of local councils, it is therefore necessary to examine together the relationship between nationalstatutes and autonomous legislation, the distribution of authority within the local government, and the operational capacity and control mechanisms of the local council. Through this inquiry, this study seeks to explore an institutional direction in which the local council, as a representative body of residents, may more faithfully perform the decision-making and control functions of localself-government.
Keywords: local council, localself-government, autonomous legislative power, effectiveness of powers, decentralization, institutional separation of executive and legislature, power of administrative inspection and investigation, council autonomy.