김재균

DOI: Vol.2(No.0) 1-10, 1992

나무석

DOI: Vol.2(No.0) 11-28, 1992

오재일

DOI: Vol.2(No.0) 29-45, 1992

이정용 Jeong Yong Yi

DOI: Vol.2(No.0) 47-65, 1992

Article 117 of the Constitution and Article 15 of the Self-Government Law stipulate that the local self-governing bodies can enact the regulation within the boundary that the law permits. This means that any regulation cannot violate the law. And, if so, the regulation against the law is null and void. The regulation directly against the law is invalid. But a regulation, if it has a special significance and effect, and if it is admitted to possess rationality, should be interpreted to be legal. If the special conditions in local areas should be considered, if the proper regulation" is not perfectly or sufficiently provided for, it should be admitted for the local community to regulate the matters concerned. The matters that the self-governing body can legislate as its regulation are those concerned with the welfare of the inhabitants (as laid down in the Article 117, Item 1, of the Constitution), and they are within the area of the law (as Article 15 of the Self-Government Law reads). Nevertheless, the business of the self-government body covers much of the business committed by the higher organizations. These matters usually go beyond the category of the regulation. In order to overcome these limitations it is required that the affairs entrusted by the higher organizations should be turned over to the community as its local affairs, and that the affairs closely related to the local community should be authorized to the community as local affairs. If the restriction of people`s rights and their duties and the punishment of their violation, Article 15 of the Law stipulates that they have to be committed by the law. So the law prohibits from any regulation on the limitation of people`s right, the enforcement of duty, and their punishment. This law has its own significance since it aims at the systematic minimization of the infringement of people`s principal rights. Nevertheless, the autonomous power of the self -governing body should be greatly damaged if the body at all times has to obtain every concrete admission from the law only because the matters are concerned to the inhabitants` rights and duties. Accordingly, if the matters are not concerned with the inhabitant`s rights and duties, unless the regulation should not be positively against the law, the self-governing local community should be guarranteed to establish its regulations within the boundary that the law prescribes. And even if it is esteemed that the regulation to restrict their principal rights, the community could be granted to enact regulations which contribute to the maintenance of order and the promotion of public welfare. Furthermore, if the regulation that enacts the crime conditions and its punishment ordinances does not conflict or does keep balance with the crime establishment conditions and its punishment, the regulation should not be interpreted to be opposed to the principle of "nulla poena sine lege." Article 17 of the Self-Governing Law stipulated that any bylaw or rule established by city, county, and self -governing body should not trespass the law or rules made by the municipal or provincial government body. Accordingly, the basic unit of local government cannot violate the self-governing regulations of its higher self-governing community. And in that case the lower self-governing body should be required to be admitted by the upper self-governing rules. This article should be limitedly interpreted to restrict those cases that the wide unit of local government turn over to the basic unit of local government. The reason for it is, the two units are admitted organizations as foundations by the law of the country. Each organization can establish its regulations on its business within the boundary. If the wide area unit of local government regulateds on all the affairs of the basic unit of local government, the latter`s autonomy becomes meaningless.

김종필

DOI: Vol.2(No.0) 65-74, 1992

정영식

DOI: Vol.2(No.0) 75-99, 1992

심건길

DOI: Vol.2(No.0) 103-128, 1992

이계만

DOI: Vol.2(No.0) 129-139, 1992

박경춘 Kyung Choon Park

DOI: Vol.2(No.0) 141-157, 1992

The Chonnam is an area where the people in this area has enjoyed the affluent lives by the beautiful mountains and rivers, and the fertile lands. By the abundance of lives, the heritage of traditional culture was occurred by the refinement and the composure, and this area could be developed as a place of such arts as poets, the literature, the Korea traditional paintings, and the Pansori. When analyzing the Chonnam area in an aspect of culture, though this region had never been center of capital city, once it preserved the more characteristics and diversity of culture level or cultural heritage than any other place though this area was not located as the traditional culture in this area was accomplished with preserving the creativity of these culture heritage in each period. Because the cultural assets designated by the country and the local culture assets located in this area are much one thirdly and the cultural remains are secondly in our society, the detail preservation management and the careful check are necessary. From the aspect of economy, the resident income per capita of Chonnam area has been low since 1960s compared with that of other industrial areas by the export-oriented policy by government in a process of swift industrialization since 1960s, The self-supporting rate of finance of the big cities shows over 90%, but in case of the Chonnam area it shows below 50%, so the method for the financial self-supporting must be urgently considered. Form the aspect of industrial structure, the rate of farmer and fisher form the rate of employed person in the country by the industry in 1990 is 18.3%, but in case of Chonnam is 51. 3%. And in case of the rate of miner and industrial employees is 27.3% in the country, but 9.7% in Chonnam, so it is a real situation where the rate of farming and fishing that are the first industry is high. The total number of corporation is 61, 723 in the country, but in Chonnam there are only 2,374. In the number of employed persons, the unemplyed rate increases as its constituent rate is 2.2%, so this is a region where the task to cultivate the local industry sooner or later is contained. In order to these solve problems, First, the Chonnam, the place of arts, should be made by the development of artistic tour places and the promotion of local arts in relation to the income. Second, the effectiveness of self-supporting finance should beaccomplished with the ability promotion of mature local selfgoverning system. Third, the farming policy is changed into the business farming system of market economy from the compensatory farming system with the forward activation method for the farming that overcomes the import open, so the "production-corporation system" is made and its commodity should be enhanced. Fourth, the advanced Chonnam that is active and hopeful in the Chonnam age with the acceleration of local development through the industry promotion would be constructed. Fifth, with the preservation of living circumstances and residents welfare promotion, the clear living circumstances are made with getting their wisdom altogether, then the "Chonnam society" of comfortable chonnam should be made. In conclusion, the national deep interest and investment can make the Chonnam as the west-forward period deep of country development in the Chonnam areaoriented age the Chonnam will be the hub of national development with the national deep interests and investment in this area.