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논문검색

중앙정부와 지방자치단체 재정분쟁의 해결방안

저자 : 장선희년도 : 2007발행권및호 : 제38집
  • - 첨부파일 : 19장선희.pdf (415.4K) - 다운로드

본문

Although a considerable amount of research has been published, since the restoration of the local autonomy system, researches and investigations still remain unexhausted, not only on possible devices for the mediation of the financial dissention between the central and local governments, but also on protecting instruments against the infringement of the autonomy right from the central government or other local ones.
The Korean legal system lacks an exclusive mediating institution for financial dissention between the central and local governments. The only legal instrument for financial dissention between the central and local governments is the Mediating Committee for Administrative Disputes, established based on the Clause 2, Art. 156 of the Local Autonomy Law.
Other than the mediating instrument, there is a judicial way to settle such conflicts: bringing a constitutional suit against the competence infringements based on the Art. 61 and 67.
But our Constitutional Court couldn't have proved to be a creator of basic theories and judicial principle to settle the financial conflicts which are more and more sharpening and segmenting.
This research focuses on the establishment of a basic frame for the settlement of financial disputes, analyzing the practices and problems of the standing regulations and proposing some legislative-political reform possibilities.

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