Blockchain Papers

Muhammed Al-Huda Ballouk, Mohamed Altinawi

No abstract is available for this record.

NakIn Sung

This paper examines the constitutional amendment bill and proposals of the current 1987 constitutional system that has been discussed so far, focusing especially on the local autonomy. Many constitutional amendment plans have been proposed by academia and civic groups, including the Moon Jae-in government’s constitutional amendment bill. Accordingly, this paper compares and analyzes these constitutional amendment proposals and largely divide them into moderate and progressive constitutional amendment proposals. The progressive constitutional amendment proposals aim for a decentralized state. However, there is a concern that a decentralized state can easily be confused with a state in a federal country. It is necessary to strengthen local autonomy in a unitary country while at the same time clarifying the limits of local autonomy in a single nation. In conclusion, this paper suggests constitutional amendment that can maximize local autonomy in the single state of the Republic of Korea. Local governments’ right to self-organization and self-financing should be secured. To this end, the right to self-legislation is recognized within the scope of the law.

Richard Fair

No abstract is available for this record.

Sung Ho Cho, Young Hoon Moon

In this paper, we analyzed the development process of the resident association system in Korea and tried to derive strategic implications for the resident association system in Korea by comparing the resident association system in the United Kingdom and Japan, which are developed countries for resident autonomy. In Chapter 2, the current status and progress of the residents' associations were analyzed through “Introduction of the resident autonomy center and resident autonomy committee under the Kim Dae-jung administration”, “Introduction of the resident autonomy association under the Lee Myung-bak administration”, and “Pilot implementation of the resident autonomy association according to the standard ordinance of the Ministry of Public Administration and Security”. In Chapter 3, the difference was analyzed by comparing the Parish of England, Ichikai in Japan, and Korea's Residents' Autonomous Association. In Chapter 4, the implications of Korea's residents' autonomous association were drawn through the comparison of the Korean and residents' autonomous association systems of the England and Japan. From advanced cases such as the England and Japan, the strategic implication of Korea's residents' autonomous association is that, first, in terms of the installation unit of the residents' autonomous association, it is necessary to reorganize the residents' autonomous association by reducing the unit of eup, myeon, or dong, or to introduce a resident's autonomous association in the unit of tonri or apartment. Second, in terms of the institutional composition of residents' autonomous associations, it is necessary to recognize the status of quasi-governmental organizations as local divisions of residents' autonomous associations in eup, myeon, and dong. In addition, the legislative right, organizational right, office handling right, financial right, etc. stipulated by the ordinance should be gradually transferred to the residents' association. Third, in terms of the functions and affairs of the Residents' Autonomy Council, it is necessary to expand the subject of residents' autonomy by separately regulating the autonomous affairs through the revision of the Decentralization Act, etc. Fourth, in terms of financial resources for residents' autonomous associations, it is necessary to secure independent financial resources such as membership fees, public facility usage fees, and rental income. Lastly, in terms of residents' autonomy councils (associations), in order to vitalize the operation of city, county and district residents' autonomy councils, it is necessary to strengthen the capacity of management and strengthen financial power through membership fees and financial support from local governments.

Samuel H. Christie, Lalana Kagal, Alessandro Ricci, Munindar P. Singh

The articles in this special section focuses on decentralized systems. Our world is filled with decentralized systems, human society and organizations being the most familiar examples. In such systems, we see multiple loci of ownership or control, representing different parties or administrative domains. That is, the members of a decentralized system are, belong to, or represent different people or organizations. We use the term decentralized system to mean any system formed of autonomous entities, with a special interest in cases where the entities are heterogeneous. Autonomy here refers to the decision-making capacity of an entity, meaning that it decides for itself. In other words, autonomy reflects the freedom to act. Heterogeneity here refers to the design, construction, and configuration of an entity, meaning that it is potentially built on distinct grounds from any other entity. In other words, heterogeneity reflects the freedom of a designer to apply any reasoning method on any available information.

Keunyoul choi

The purpose of this study was to evaluate the Moon Jae-in government's policy for autonomy and decentralization and to suggest future tasks. The evaluation of the autonomy and decentralization policy will be from the inauguration of the Moon Jae-in government until the end of December 2021. The 6 strategic 33 tasks (133 unit tasks) in the 『Comprehensive Plan for Autonomy and Decentralization』 were targeted, and the evaluation method was mainly conducted by the Presidential Committee on Autonomy and Decentralization, which is the secondary data, using the "check and evaluation results of the implementation of the autonomous decentralization implementation plan" for three years (2020-2021). Based on the implications of the results of the Moon Jae-in administration’s policy evaluation on autonomy and decentralization, as the tasks for autonomous and decentralization to be pursued in the future, decentralization-type constitutional amendment, reconstruction and strengthening of the decentralization promotion system, self-governing administration, organization, and legislative power strengthening, self-governing financial power reinforcement, special local administration reorganization of institutions, strengthening of authority and responsibility of local councils, vitalization of resident participation, and improvement of local elections and education autonomy system. were suggested.

Petr V. Sergeev

The article is devoted to autonomous civil law regulation of religious organizations. The features of the analyzed regulation are described. The article emphasizes the ambiguity of the current autonomy in self-regulation of religious organizations. The necessity of limiting the degree of autonomy of religious organizations in decentralized rule-making is substantiated.

David Llewhelin Foulkes

The government is organised principally on a functional basis, there being Departments of, for example, health, agriculture, education, trade, employment, industry. Each is headed by a Secretary of State appointed by the Prime Minister from members of either House of Parliament. Acts of Parliament have created a system of local government. In England and Wales there are 43 county councils and some 350 district councils, there being therefore an average of some eight district councils within the area of each county council. A crucial point about the authorities is that their membership is elected. Parliament and the local authorities are the only elected bodies within the UK Central government departments have various powers of intervention over local authorities’ activities. Although local authorities have a taxing power, the tax base is such that the amount they are able to raise falls far short of what is required to finance the services they provide.

Jae Seon 윤재선Yoon, Yong Tae 전용태Jun

An important element of the autonomy decentralization based on the residents autonomy is the residents 'self-government committee and the residents' self-government association which are now being promoted in government dimension. In this research, it is a residents autonomous organization, to grasp...

SEO Bo-Keon

No abstract is available for this record.

Tae-Young Kim

No abstract is available for this record.

신원득, 문현미

Our country’s local council system was started on the basis of the Constitution of the Republic of Korea promulgated on July 17, 1948 and the Local Autonomy Act enacted on July 4, 1949. Particularly, the Local Autonomy Act is to support the overall operation of the local council system and is to build the basic “framework” of local council activities. Accordingly, when the changes and the history of the Local Autonomy Act are traced, the causes of the changes of the local council system can be diagnosed, and by extension, the reform agendas of the local council can be found. For this purpose, the analysis and the diagnosis of the history and the content of the amendment to the Local Autonomy Act were performed in stages as follows. In the first stage, the analysis of the status and the coordinate of the local council was conducted from the perspective of “how the status of the local council was established.” In the second stage, the analysis of the composition and organization of the local council was conducted from the perspective of “how the local council is composed.” In the third stage, the analysis of the authority and the functions of the local council was conducted from the perspective of “what the local council is doing.” In the fourth stage, the analysis of the operation and the support of the local council was conducted from the perspective of “how the local council is operated.” And in the fifth stage, the issues and the reform agendas raised based on the aforesaid diagnosis and analysis were presented as follows. First, with regard to the status and coordinate of the local council, “the aiming at the Constitutional Law for Local Decentralization” and “the evaluation of local council activities and the review of election pledges” are needed. Second, with regard to the composition and organization of the local council, the reexamination of “the party candidate selection system,” “the remuneration system for local council members,” and the local council committee system,” is required. Third, in the aspect of the authority and the functions of the local council, the plans for “the expansion of the autonomous legislative authority” of the local council, “the reinforcement of financial control,” and “the separate application of the 1st and the 2nd administrative surveillance authority” should be considered. Fourth, in the operation and support of the local council, the amendment to the Local Autonomy Act for the “establishment of policy adviser organs,” and “independence of authority over personnel affairs” is considered to be required.

고광용

The purpose of this study is to analyze performance and constraint factors of local decentralization from the Kim Dae Joong Administration to the Lee Myung Bak Administration in three different parts: administrative affairs, personnel affairs, and finance, and to find out the changes of Central-Local Intergovernmental Relation by Administration. First of all, the administrative affairs decentralization has improved by the increase of autonomous affairs and distribution of affairs, even though autonomous administrative power have maintained. The personnel affairs decentralization has reinforced in autonomy personnel affairs power and personnel distribution. The finance decentralization has maintained or weakened by decrease in autonomy financial power and both revenue & expenditure of tax. The constraint factors of local decentralization were legal & institutional restrictions such as range of affairs, fixed base & rate of tax and local tax structure focused on property taxation, and fiscal neutralism of Ministry of Strategy and Finance. In conclusion, the local decentralization of Korean Government has been improved disproportionately in the aspects of administrative affairs, human resources affairs, and finance. The Kim Dae Joong Administration was inclusive authority model, and the Nho Moo Hyun Administration and the Lee Myung Bak Administration was in the middle between inclusive authority model and overlapping-authority model, so after revival of the local self-governing system, relations between central and local government has been developed.

박광덕

Local autonomy is not only limited abusing official authoriry in negatively, but also each local government of dealing with own problem in itself and by own organization in posibility. And Devolution authority of the central government and local government enforcement is the problem about basic reign system in a country. So functional allocation and devolution authority focused on consensus on basic reign system, for example role allocation of public versus private, central-local relationship. But in my paper, focusing on central local relaltions I studied on devolution authority and allocation functions in social services. Our government have pursued functional delegation with decentralization than transferring of governments authority until now. For example discrepancy between governement authority and responsibility, the differences between affairs and finance, ets.. So our government enact Act for Decentralization and Devolution Authority(1999) In my paper, I focused on devolution authority and affairs allot of governmental relations in social welfare, especially contents limited in Public Assistance and personal social services. First of all, I reviewed the reality of delogation and affairs allot and I analyzed problems about delegation and allocation functions in Korea. Finally I figured out desirable devolution of authority and decentralization of government fuctions.

최근열

After evaluating decentralization policy in the Lee Myung-bak administration's, this paper tried to suggest and propose some policy initiatives and directions on this policy to the upcoming administration of Park Geun-hye, the president-elect by reviewing her policy commitments and positions to decentralization during her presidential campaign. Being based on this research purpose and method, this article presented some policy guidelines and initiatives to the Park's government as follows; constitutional amendment for promoting decentralization to local governments, strengthen and rebuilding of pushing system of the decentralization policy, strengthen legislative autonomy, maintenance of special local administrative agencies, institution of autonomous police system, improvement autonomous education municipality, strengthen the position and role of local council, practices of political decentralization, and an innovative securing local autonomous finance.

윤현석, 민기

Special Act on the Establishment of Jeju Special Self-governing Province and the Creation of Free International City(hereinafter as “Special Act”) was already enacted on February 21, 2006 and Jeju Special Self-governing Province(hereinafter as “Jeju Self-governing Province”) was established newly on July 1, 2006. In spite of the rights of Self-government to be granted to Special Province are strengthening of self-lawmaking and self-organization and management, expansion of residents participation, strengthening of financial autonomy etc., the Jeju Self-governing Province has not made satisfying results while. For this reason the Central government did revise the Special Act on May 2011. This amendment has given Jeju Self-governing Province the autonomous rights than the previous Special Act. In particular the Central government has authorized Jeju Self-governing Province the autonomous finance rights than the previous Special Act. Bout Special Province has a low standard of financial independence as compared with some local governments. Therefore to be developed Special Province as a advanced model of decentralization of power and international city will manage systemic and independent business from autonomical finances. Because the rights of finance to be granted to Special Act are limited, this rights are not of help substantial finance expansion of Special Province. Therefore I think that Special Province is granted the rights to expand taxation autonomy as to transfer items of national tax or national tax to be collected by Special Province to Special Province to provide in Special Act §4 ③. This example is that the Central government give Jeju Self-governing Province return right of the added value tax for the tourist. This province enacts an ordinance to impose Environment Tax a portion of VAT return tax. The Financial Soundness of Jeju Self-governing Province does not get off the provision of special Act, but is transferred effective autonomous finance rights and has accompanying responsibilities for the transferred rights.

배준식, 라휘문, 박성문

This study focuses on the tax reform for fiscal decentralization in Korea. In Chapter 1, we present the purpose and methods of this study. In Chapter 2, we study the circumstances of fiscal decentralization and the problems of fiscal structure in Korea. The fiscal state and problems in Seoul Metropolitan City will be analyzed in Chapter 3. In Chapter 4, the financial relations between the central and local governments, and the local tax system in Korea, and suggest the tax reform solution for the improvement of fiscal decentralization. This study reviews the theoretical and historical background of fiscal decentralization by the survey of relevant literature. Also, we study the major characteristics of the allocation system of tax base between the central and local governments, and analyze the structural problems of local finance in Korea. First, the Korean tax system is concentrated heavily on the national taxes as 80% of the total tax revenue. Thus the central government plays a vital role in resource allocation. Secondly, the local tax revenue is distributed unevenly among local jurisdictions. The regional inequality in revenue-raising capacity is a major policy obstacle to redesign the local tax system depends heavily on the property-related taxes, lack of elastic revenue-raising capacity. Therefore, the overall reform of local tax system revising the allocation of tax bases between the central and local taxes is needed for the fiscal decentralization. In this study, we propose mainly the adjustment between the national and local taxes. We studies liquor tax, transportation-energy-environment tax, transfer income tax and special consumption tax. Also, the improvement of local income tax and local consumption tax will be studied and the effect of the reform in these taxes on the local finance will be simulated. Finally, we suggest an organization for the prior consultation between the central and local governments, because it is important to adjust interests between the two parties before the central government makes local policy decisions.

강형기

Since 2000s, the central-local relations in Japan has been confronting a rapid change made by the formulation of the Packaged Decentralization Law and the Trinity Reform. With this background, this study aims to analyse a case of Yubari, Hokkaido in Japan and argue that 'the decentralization reform' in Japan is not consistent with the interests of the local people. For this purpose, the rational choice approach is employed. this study, in particular, examines the preferences of the central government departments such as Prime Minister, Ministry of Finance, Ministry of operation. Ministry of Internal Affairs and Communications as well as the local government. Yubari has been faced with the worst situation of bankruptcy occurred from a result of giving up its responsibility as a local government, confronting the change of central-local relations. The study points out that the case of Yubari provides significant policy implications for government for local governments in Korea.

김정완

The responsibility of the central government for local finance increases as the financial condition of the local governments gets worse. The central government is required to improve the local finance rearrangements by focusing on satisfying the financial demand of local governments and realizing the financial equity among local governments. First of all, the current financial situation of the local governments should be reviewed in details for the central government to carry out such duties. The financial decentralization and the local finance renovation performed by central government are not positively evaluated despite its intended policy goal. In fact the central government didn’t consider seriously the opinions of local governments by adhering to its surface cause. Therefore the evaluation and improvement of the local finance rearrangement should be continuously done. The objective and role of the local finance rearrangement are subjected to be obviously presented, and then relevant distribution criteria should be prescribed. It should be kept in mind that the local finance rearrangement is the last resort for successful local government in fact that the responsibility of the central government increases as the economy and society develop.

이용환

This paper proposes the basis of governmental and fiscal policies for Gyeonggi provincial government. Firstly, the role of Gyeonggi Province should be established under the decentralized governing system. This enhances the provincial autonomous capacity. It is also correspondent with central government’s devolution policy as well. Secondly, the relationship among the different levels of governments(central-province-cityㆍcounty) should be horizontally mutual. There are two major ways to reach the horizontal intergovernmental relationship. One is that central and provincial governments should rearrange their roles and functions. The other is that Gyeonggi province should maintain friendly relations with the cities and counties by switching the direct guidance or supervising to technical advice and cooperation. Thirdly, the provincial government of Gyeonggi needs to carry out policies for the citizens with the new public management tools such as running a flexible organization, engaging official positions openly and executing performance-based management system. Fourthly, the reform and renovation of Gyeonggi Province’s public sector is essential for performing the leading role of the national development. Finally, Gyeonggi Province needs to build collaborative partnership with NGOs for improving the democratic decision-making and civil society.

Rack-In Choi

In this local self-government era, in order to achieve real local decentralization, it is guaranteed to establish self-finances of certain administration level. Nowadays Local equalization scheme is carried out for insuring regional equal development and efficiency and effectiveness of administration and for solving vertical horizontal problem of unequal finance in local government. Local equalization scheme is the system to guarantee the financial source so that all local self-governing organizations can obtain national minimum standard while correcting the unbalance of finance and maldistribution of tax revenue source between regions. This paper presents the directions of improvement so that national subsidy and local tax can contribute to the finance balance of local self-governing organization in the uncertainties of future finance with weak financial ability. Consequently, it is required to operate the system according to balance principle by adjusting the operation form and distribution type such as national subsidy and local tax.

원구환

This study is centered on two concepts of central and local government: cooperation-control, centralization-decentralization. Through the degree on the self autonomy in the Korean Participatory Government, this study analyzed the relationship between central and local government. Viewing from management perspective, especially focused on the ordinance, function, organization, financing, it is revealed that responsible autonomous foundation has not yet been laid out. In order to establish the decentralized cooperative relationship, it is necessary to eliminate the one way control system from central government to local government which is unsuitable to the vision of Participatory Government, and the interdependent horizontal relationship is needed. Also there is no doubt that central and local governments will play a stronger role in our society in the years ahead. On the issue of rebalancing the central-local relations, it is truly time for a change.

오영균, 정현미

This study attempts to provide some applications for local government decentralization under the circumstance of public reform. Traditionally the innovation of government focused on to develop some new techniques and criteria but it is more important thing to divide the power between central and local government for the developed national system. Although the need for decentralization of government had prevailed in Korea for long time, we are witness of the unchanged system. In spite of its desirability of decentralization of structure, staffing and financing etc., changing for decentralization is not easy. Now I think it is necessary we have to prepare the way of decentralization by way of compariso with the nations which had overcame the diffioulties for decentralization. Italy is an advanced one had achieved decentralization with lots of innate d especially its decentralized regional development strategy may apply to us. Last I'd like to say that decentralization itself is political change. So before advance of political system, decentralization can not go up anymore.

옥무석

Taxpayer's suit or citizen suit will be reintroduced in Korea by the end of this year. It is specified in the Korea Local Government Act in accordance with the Decentralization of the Administration Power Act which was enacted in the early 2003. Korea local autonomy system and the monitoring system of the finance and accounting of the local governments are under the stage of transformation. Taxpayer's suit will be functioning as the monitoring system which will make the finance and accounting of the local governments more effectively and transparently. But the newly reintroducing citizen suit covers only the problems of local governments stage, and the execution of the national finance and accounting remains beyond the coverage.