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선진국 대도시 지방정부의 지방행정체제 특성에 관한 연구
안영훈,신현기 한독사회과학회 2009 한독사회과학논총 Vol.19 No.1
대도시권을 통합적으로 관리하는 지방정부의 행정체제는 주민과 가장 가까운 곳에서부터 주민이 요구하는 다양한 공공서비스를 다양한 선택(공급)방식에 의하여 제공해야 하기 때문에 필연적으로 하위 지방정부 또는 복수의 (기초)지방정부와 준자치구 등을 필요로 하게 된다. 그 결과 지방정부간 계층화를 발생시키게 되는데, 세계적인 대도시권을 형성하는 영국의 런던, 프랑스의 파리, 독일의 베를린, 일본의 동경, 미국의 뉴욕 등에서는 2계층제를 유지하는 지방행정체제(Federated or Two-tier City-Region) 형태로 운영되고 있는 대표적인 사례들이다. 따라서 우리나라 정치권 일부가 주장하는 것처럼 <도심지>와 <외각 지역>을 하나의 통치체제로 단순통합 하거나, 또는 <도시지역>과 주변 <군 지역>을 하나의 단순 생활권으로 ‘통폐합’ 하기 보다는, 오히려 연방 형태의 광역정부체제 하에서 소규모 지방정부간 구역통합, 필요시 합병, 특별구 또는 협력(조합)제도의 운영 등과 같이 다양한 지방행정체제를 활용하는 것이 더 최적 대안이 될 수 있다. 그리고 특히 본 연구의 사례가 된 선진국의 (수도권 중심의) 대도시 행정체제에 관한 사례분석의 경우에도 기본적으로 보충성 원칙 등에 의한 정부간 역할분담 방식이나 상호 계약에 의한 경영방식을 통해서 중층제 형태의 대도시정부(metropolitan federation)로 대부분 자치계층과 행정계층을 유지하고 있어서 현재 우리나라 정치권에서 주장하고 있는 단층제 형태의 지방행정체제 개편과는 실제로 상당한 거리가 있다는 사실을 인지할 수 있었으며, 오히려 중층제 형태가 더 합리적인 대도시권 행정계층 구조를 유지하고 바로 이러한 유형의 도시정부 경영방식이 단층형 보다 더 그 활용도가 높다고 하는 점을 관찰할 수 있다. The general principles of local government management system in case of the almost metropolitan capital cities such as London, Paris, Berlin, New York, and Tokyo, lie in the dual functionality and territoriality composed of basic level and middle/supra-national level of local governments' status. That is because that the capital city government have normally larger territorial area to manage and local inhabitants with whom it must meet to provide local services. And, for that purpose, it is likely that the tier of local government management system be based in dual functionality and territoriality rather than through one large local authority system which cannot be afford to handling properly service delivery system. The foreign experiences gleaned from these of the above mentioned capital city governments' show us the fact that the best practice is to conceive and develop the inter-municipal cooperation system rather than physical fusion or consolidation between basic-level and middle/supra-level local governments.
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안영훈 한국지방행정연구원 2013 한국지방행정연구원 기본연구과제 Vol.2013 No.-
The Korean Constitution recognizes the right to local autonomy of the decentralized public entities laid down in Title VIII of the constitution. The constitution guarantees forming local council (Article 118), stipulating the democratic and representative nature for local government entities, together with assuring the right to implement local tasks by them within the scope and remits of the legislation related. While the structural form of local government is in fact guaranteed by the Local Autonomy Act which makes uniform the structure of all levels of local governments, a strong mayoral leadership prevails, in consequence, everywhere over weakened local council since the inception of decentralization system in Korea ; since 1991, local councils with the elected representatives have been established and first local election for the heads of local governments started in 1995. As legal competencies, local council members have authority to decide by making the byelaws and regulations the matters of the following: enactment, revision and abolition of Municipal Ordinance of lower-level and upper-level of local governments; deliberation and confirmation of a budget planned by mayors and governors; approval of settlement of accounts; imposition and collection of user fees, allotted charges, local tax and service charges from local residents and service users; establishment and disposal of public facilities; acceptance and resolution of a petition and other matters under its competence pursuant to general laws and subordinate statutes. To exercise more and more complicated and expanded local government tasks above mentioned, and assume heavily burden-bearing responsibility for local citizens in financial crisis context over the globe, every local councilmember absolutely needs to be seconded by a various supporting staff and experts in many fields of local affairs. But, Korean members of the local council have not been considered enough supported, not only from local council office and secretarial staff, but also by the executive departments when they exert their activities of deciding policies and overseeing daily management of the latters, even though they were since 2006 allowed to receive member allowances as both an official remuneration and part of the reimbursement during their responsibilities exercising. It is in part because the executives (mayors and governors) of local governments in Korea have been largely enjoying the personnel management and staff nomination powers and, consequently, that all the administrative and legislative personnel working in the city council office are under the influence of the personnel management powers of the heads of local governments. Having said that, this study firstly examined the present Korean contexts on the local council’s secretariat staff organization and personnel management, which revealed the one-sided control authority of the executives, mainly due to the unified system of the strong mayor-weak council power structure of all municipal and regional governments. For instance, every local council chairman whether or not in the upper level and lower level of local authorities have never held since 1991 any nomination powers to the Chief Staff of local council office and its secretarial assistants, in which a power pendulum is always heavily biased toward the Mayor and that the basic principle of the “Checks and Balances” between the executive and the legislative remained broken in Korean local government system. Local councilmembers for their activities should have encountered great difficulty without the help from the local council’s secretariat staff whose typical duties include researching and responding to inquires from residents, sometimes, on behalf of council members; drafting written communications involving strategy, policies and/or procedures on behalf of the former; and serving as the representative of the elected official regarding certain functions; generally speaking, they schedule and prepare the council agenda and process all files for council consideration during the on-and-off legal meeting sessions. Nevertheless, despite a variety of the amendments to the Local Autonomy Act proposed by the majority and opposition political, party and the abolishment of the non-paid elected councilmember system in 2006, local council chairs or ordinary members presently are not endowed to control the personnel management and nomination power of their own assistants and legislative aides, compared to the heads of the executive who are wholly beneficiaries of the strong mayoral system in Korea. To change these dysfunctions and uniform, biased power structure in Korean local government, this study reviewed, in third part, many developed countries systems, such as the US, UK and France, that provide all local councilmembers for their official activities naturally and logically with a great degree of administrative and legislative performant aids. In light of these good examples, the final chapter pointed out some advantages of introducing a new personnel classification exclusively reserved for the legislative and analytic aides working in the City Council Office or attached to individual local elected officials within the officialized scope of tasks exercising. As a first solution, we can think that a member of staff or aides may be engaged either by a single council member or jointly by two or more council members through a pool and a same party. Above all, these reform measures are being followed by creating “a new professional class applied to the City Council tasks and duties”. So, one of the solution this study suggests is ; the requirements for a position as a legislative aide can vary according to the office and needs of the local legislator, but what is sure in this situation is that Municipal and Regional Council’s clerk profession is to be created as an individual staff class of the professional classification in local public servants for further enhancing the local councilmembers capabilities and contributing to fully support their official performances. And incumbents in these positions have to be appointed, part-time or full-time, by the local council members without the interference of the executives who are, always and in theory, under the oversight and administrative scrutiny of the elected officials representing constitutionally the constituents. Finally, the following measure will be another path to seeking the answer to the question of how to enhance council members performance, that is: by providing the financial aids such as incidental and ancillary employment costs and temporary legislative aides and staff cover costs, a member is allowed to engage staff under a contract of employment (whether on a full-time or part-time basis), under a contract for services or by virtue of an arrangement with the executive’s budget availability, pursuant to the byelaws or governmental regulations which have to be stipulated prior to the execution of the regime beforementioned. For concluding, the best way of overcoming the problems raised in an unbalanced political and administrative situations between the Council and the Executive in local government is as follows: within appropriations for such purpose, the council shall have a whole authority to manage staff management within the City Council and retain their own professional staff, in order to help them to review and analyze proposed budgets and departmental estimates, requests for new taxes or changes in taxes, budget modifications, capital borrowings and mayoral management reports. Such staff management power for the Council will help bring out the apparent and effectively tangible results in their analysis of proposed legislation and in review of the performance and management of city agencies, which are considered measurable variables to the effectiveness of the elected officials.
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