김석태 Kim Surk-tae , 이시철 Lee Shi-chul

DOI: Vol.31(No.3) 1-24, 2024

This paper examines the linkage of democracy and local autonomy in the historical context. Upon reviewing the general relevance of the two important ideas, the paper examines the change in the model of democracy. We discuss the relevance of local autonomy in the process of evolution from direct democracy to representative democracy since ancient Greece, and then to participatory and deliberative democracy. Aristotle, Rousseau, Jefferson, and Tocqueville took it for granted that direct democracy in which residents participate in small local communities. Since the era of the nation-state, such direct participation has become difficult in reality, and Mill has looked at representative democracy as the ideal form, while downplaying local governance from the perspective of state elitism. Langrod argued that local autonomy would disappear if equalitarian democracy was realized; Weber and Schumpeter's elite competition democracy also regarded resident participation as a relic of the past. In participatory and deliberative democracy, which seeks to overcome the formal rationality of representative democracy, the realization of its goals is better suited to local governments than to the national government. In addition, democracy is more active in the so-called “narrow corridors” where national and social balance is achieved in places where local autonomy has developed earlier than in centralized countries.

지방자치, 직접민주주의, 대의민주주의, Local Autonomy, Direct Democracy, Representative Democracy

양희현 Yang Heehyun , 어성욱 Oa Seongwook , 정찬묵 Jung Chanmook , 노시현 Roh Seehyun

DOI: Vol.31(No.3) 25-47, 2024

This paper examines cases How Korea National Railway Held a Contract Review Committee, the outcomes of lawsuits involving the Korea National Railway, court precedents, and legislative attempts by the National Assembly. It identifies issues related to extended sanctions and proposes improvement measures. Extended sanctions refer to the expansion of sanctions against disqualified contractors by one ordering agency to the entire central government, local governments, and public institutions. However, specific details regarding this are not stipulated in the “Act on the Management of Public Institutions,” leading to ongoing disputes between public institutions and enterprises. The 21st National Assembly attempted to codify extended sanctions in the “Act on the Management of Public Institutions” and the “Act on Contracts to Which the State is a Party” but the legislative attempt failed due to concerns about over legislation. Considering the opposition from the National Assembly, changes in economic conditions, and the outcomes of lawsuits involving the Korea National Railway, it is necessary to amend relevant laws to prohibit extended sanctions.

확장제재, 입찰참가자격 제한제도, 공공기관, Expanded Sanctions, Bidder Qualification Restriction System, Public Institutions