스페인의 차등적 분권정책(asymmetrical decentralization) 도입과 운영에 관한 연구

Abstract

This paper(research) analyzes the asymmetrical decentralization system in Spain, which is the most prominent one in the world. Like Korea, Spain experienced the Franco dictatorship for as long as 37 years. However, Spain transformed its administration system from the form of extreme centralization into that of new, efficient asymmetrical decentralization. The constitution of Spain does not confine the rights of self-government but let the government to determine the range of their rights according to home-rule charter and organizational law, ultimately aiding the asymmetrical decentralization system perform properly. Rights in finance among the self-governments are also discriminated, classifying the regions into one which adapts a special law and the other which does not, ultimately defining the bounds of autonomy of taxation exercise. Yet, Spain government, at the same time, holds excessive intensification of centrifugal force check through constitution and the Constitutional Court’s judgment for the balance with centripetal force. Although, considering the current circumstances, it rarely can achieve the same level of asymmetrical decentralization as Spain’s, Korea must prevent the uniform administration of divergent regions by local autonomy law only; thus it should exert the actual decentralization of rights via the local autonomy law.