연방주의적 지방분권에 관한 연구

다국어 초록 (Multilingual Abstract)

Even though over 40% of the population in the world live under the system of federalism, there are few studies on federalism in Korea. The federalism studies in Korea to this day can be classified into the following four categories; First, federalism studies for the purpose of unification of north and south Korea. Second, introductions of foreign federalism in order to use it as basic materials for diplomatic relationships or business with other countries. Most of these introductions are just superficial. Third, federalism studies for the fulfillment of academic interests. Fourth, federalism studies for the purpose of political reform and decentralization in Korea.
The second chapter deals with the meanings of federalism. It is impossible to define federalism clearly because there are so many different definitions about federalism among scholars over the world. Therefore, this study tries to explain five elements of federalism instead defining it. Federalism is compared to confederation and unitary state to make it easy to understand. Also, the relations between federalism and decentralization are added. Usually federal nations are more decentralized than unitary state, but it is not always right. In certain circumstances decentralized unitary state can be more decentralized than centralized federal nations.
The third chapter deals with principles of federalism for its positive function, theoretical backgrounds of federalism and types of federalism. The principles of federalism are self-determination, codetermination and cooperation. The types of federalism are as followed: Separation-model and combination-model according to relations between administrative power and legislative power, competitive federalism and cooperative federalism according to the relations between central state and regional state, symmetrical federalism and asymmetrical federalism. Also, there are two different theoretical tradition in federalism: american federalism and european federalism.
The fourth chapter deals with concrete systems of federalism in several nations; their formation, constitutional guarantee, dividing powers, participation of states in federation, financial distribution, the second chamber as representation of regional interest etc. At first, the system of federal nations with american federalism tradition(USA, Canada, Australia) are introduced. The fathers of american constitution were the creators of modern federalism. Before it, there were only two types of political system; confederation and unitary state. Canada begins with strong centralized federalism but through judicial interpretation of constitution, states gained much more power than before. In Australia, the High Court has strong influence on the relation between central government and regional government. Through the High Court, the central government gradually gets more power.
Then the systems of federal nations with european tradition(Germany, Swiss, Spain) are explained. Gemany has long history of confederation under rule of the Holy Roman Empire. After the Second World War, in Germany federal state was built to overcome dictatorship which was made in the era of Nazism. Recently German federalism was reformed through constitutional amendment in 2006. The purpose of the reform was to change cooperative federalism to competitive federalism but it was not so much successful. The spanish federalism is very unique. Some scholars say Spain is federal state, others disagree with them.
In the fifth chapter, the distribution of powers and finance are dealt in detail. In the sixth chapter the second chamber is explained. The seventh chapter discusses the meanings of federalism to overcome Korean problems. In the discussion of decentralization in Korea federalism can give some important implications since particularly legislative decentralization is required for Korean political reform. This study offers an important clue for unification of Korea. With 3-

목차 (Table of Contents)

• 제1장 서론
• 제2장 연방제도의 의의
• 제3장 연방제의 작용원리와 이론적 배경
• 제4장 외국의 연방제와 지방분권 개관
• 제5장 연방국가의 권한과 재원의 배분
• 제6장 제2원에 의한 대표 관계
• 제7장 요약 및 결론
• 참고문헌
• Abstract
• 연구요약