The investigator examined two fields of local assembly's activities in order to activate its legislative activity: The hardware aspect - systematic improvement; and the software aspect - operational improvement of legislative activity. In addition, it...
The investigator examined two fields of local assembly's activities in order to activate its legislative activity: The hardware aspect - systematic improvement; and the software aspect - operational improvement of legislative activity. In addition, it is necessary to remove legal and systemic obstructions which impede the activation of local assembly. In order to activate the operation of local assembly, it must be forced or induced to fulfill its purposes and bearings. In this regard, the investigator presented the method of assessing the achievement of legislative activity as a means of accomplishing the active operation of local assembly.
Major issues are as follows which are necessary to be improved for the development of local assembly from the aspect of system:
First, to rationalize the allotment of roles between central government and local government, the restrictive rules of ordinances must be revised. That is, the Article 22 of the Local Autonomy Law, 'It is possible to establish an ordinance on administrative affairs within the scope of laws and ordinances' must be revised into 'It is possible to establish an ordinance on administrative affairs as far as it does not violate laws and ordinances.' Provided that provincial governments' ordinances and rules can be preferentially applied to its devolved affairs to basic local autonomies, but the rules of basic local autonomies must be preferentially applied to its inherent affairs. And the Article 24 of the Local Autonomy Law must be revised to transfer central government's power to local autonomy and thus expand the administrative affairs of local autonomy.
Second, to hold each other in check between local assembly and administration, their power must be appropriately distributed and adjusted. Local assembly and administration agree in the basic purpose of regional development and improvement of residents' quality of life, but they frequently do not agree in its concrete strategies of execution. In order to proceed the process of adjusting different views in a developmental manner, such strategies as restricting the requirements of reconsideration and prior disposal, classifying the requisites of instituting a lawsuit to the Supreme Court, and extending the term of inspection and budget deliberation must be implemented.
Third, if local assembly appoints the staff of secretariat which supports its legislative activity, then they can faithfully check and monitor the administration from the perspective of local assembly irrespective of the viewpoints of administration.
Fourth, the system of party nomination of assembly candidates must be improved. In order to discover superior figures and cultivate them into political leaders and then realize responsible party politics, the nomination of democratic candidates and democratization of political party must be preconditioned.
The assessment of legislative activity is necessary to activate and develop local assembly's legislative activity. The assessment index of achievement must cover local assembly's inherent activities such as the representing function of residents, voting function of making legally-binding decisions, and controlling function of administration. And then based on the index, the achievement of local assembly must be assessed. In addition to the index, such techniques as the self-assessment which is on the basis of survey of residents' satisfaction with the legislative activity and the external assessment can be used.
The assessment of legislative activity is not to understand the results of single shot assessment but to activate the legislative activity and then heighten residents' satisfaction. In this vein, the assessment of legislative activity must be continuously carried out. In addition, the model of assessment must be examined whether it is appropriate for the purpose of assessment. If there is a problem, it must be corrected. It is valuable to analyze and assess such processes of legislative activity as the remarks in the plenary session and the method and procedure of dealing with pending issues.