With the establishment of the Jeju Special Self-Governing Province, the basic local governments were abolished in Jeju Island. In addition, seven special local administrative agencies operated by the government were transferred to the Jeju Special Sel...
With the establishment of the Jeju Special Self-Governing Province, the basic local governments were abolished in Jeju Island. In addition, seven special local administrative agencies operated by the government were transferred to the Jeju Special Self-Governing Province for finding projects suiting Jeju's regional characteristics and strengthening residents' services. In addition, the "Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of International Free City" was enacted and a considerable amount of special self-governing regulations related to Jeju Special Self-Governing Province were established. However, the abolition of local governments at the basic unit should be revived because it does not conform to the ideology of local autonomy. Furthermore, in relation to the special autonomy of Jeju Special Self-Governing Province, the special local administrative agencies transferred to Jeju Island and the Jeju Special Law, which lists the special regulations, should be divided even more than that.
In line with this sense of problem, the issue of Jeju Special Self-Governing Province needs to be divided into "the problem of Jeju's local autonomy" and "the problem of Jeju's special decentralization for international free cities." First, Jeju Island should be guaranteed local autonomy in accordance with the Constitution of the Republic of Korea. Local autonomy is a political ideology that allows local governments, which are independent corporations under the public law, to govern the area on their own. The Constitution guarantees the existence of local governments, their full authority and self-responsibility. Local autonomy is not necessarily a concept consistent with decentralization, which divides the state's authority with the provinces, from the point of view of one political ideology. Numerous documents in Korea misunderstand decentralization as local autonomy, and in order to solve the actual problem of local autonomy, it must be predicated on a clear understanding of the two concepts. In other words, dividing national power (decentralization) and governing regions on their own (autonomy) are not synonyms. In 2017 with the administration of Moon Jae-in, a constitutional amendment to include strengthening the decentralization was discussed. Additionally, a complete revision of the Local Autonomy Act was attempted under the theme of strengthening local autonomy. However, problems such as the confusion of decentralization and autonomy, the use of wide-area as a unit of local autonomy, and the misunderstanding of local councils as a legislative body still persist. Furthermore, there was no such thing as a "high decentralization equivalent to the federal system". Innovative measures should be sought, at least in the direction of a highly decentralized state, to redefine the role of the national-wide-basic unit, and to divide the power concentrated in the country with the provinces more appropriately.
These problems can be considered in place of the local autonomy and decentralization of Jeju Special Self-Governing Province. First, Jeju Special Self-Governing Province was introduced for Jeju, an international free city. In the process, a so-called one-tier system of self-governing administration was attempted, in which the affairs of the special local administrative agencies of Jeju Island were transferred back to the government, while the basic local governments were abolished. Although the Jeju Special Self-Governing Province Act stipulates a considerable number of special cases, the status of Jeju Island's "autonomy" is not much different from other cities and provinces.
After all, the question is what should be the content of the 'special autonomy'. Three meaningful examples of foreign countries are presented in this thesis: Germany, a federal state, Hong Kong, an international free
city that is incorporated into China from Britain, and Spain, a single country whose constitution stipulates decentralization. It is suggested, that the decentralization of power from the Constitution, not simply expanded local autonomy, should be clearly defined.
The Jeju Special Self-Governing Province should now revive the basic local governments from the perspective of 'local autonomy', and the units of the basic local governments should be city, town and village in
consideration of Jeju's special characteristics. Such changes in basic units will serve as an important opportunity to recognize true local autonomy being autonomy in the city, town, and township units. Next, Jeju Special Self-Governing Province should 'decentralize' state power from the perspective of 'special autonomy'. In this case a constitutional amendment will be necessary. However, it is time for the nation's Constitution to be revised. At least a special regulation on Jeju Island should be placed on Jeju Island, so that Jeju's special circumstances as an international free city can be reflected by the decentralization of the nation's legislative and judicial power.