지방분권특별법의 의의와 한계

다국어 초록 (Multilingual Abstract)

In comparison with the previous governments the Participation Government has been deeply interested in decentralization reform since 2002. During the presidential campaign in December, 2002, presidential candidate Nho who won the election pledged to steer a high level of decentralization reform once elected. His pledge came true in terms of decentralization reform road-map announced in July, 2003 which included not only 7 major directions and 20 programs for decentralization reform. One of the 20 programs included in the decentralization reform road-map is related to establishing a new legal system for steering decentralization reform promotion. On the basis of decentralization reform road-map the Participation Government initiated the Decentralization Special Act of 2003 which was characterized by a new legal system for promoting decentralization reform. Decentralization Special Act of 2003 implied several significance. Among other things, the Decentralization Special Act of 2003 was a legal form of decentralization reform road-map of July, 2003 which dealt with major reform directions and programs for decentralization reform. Political agreement between the dominating party and the opposition parties was also included in its significance in the light of political difficulty in steering decentralization reform. Despite of its significance Decentralization Special Act of 2003 has several limitations. Among other things are included a lack of policy instruments for implementing its legal objectives, ambiguous provisions in association with the decentralization steering body, inefficient and ineffective organization, and a lack of appropriate legal powers of the decentralization steering body for carrying out its objectives. For the Participation Government to carry out decentralization reform in an effective way the Decentralization Special Act of 2003 ought to be amended in the near future.