KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

I. Necessity and Purpose

▶ “Special Act on the Establishment of Gangwon Special Self-Governing Province” [Enforced on June 11, 2023] [Act No. 18875, enacted on June 10, 2022] was partially and fully revised after the enactment but before its enforcement.

○In particular, with the full revision, the title of the law was changed from “Special Act on Establishment of Gangwon Special Self-Governing Province, Etc.” to “Special Act on Establishment of Gangwon Special Self-Governing Province and Development of Future Industrial Global City,” and extensive special business regulations were introduced.

○In Gangwon Special Self-Governing Province, although there are various and important maritime and fisheries affairs, there are few special cases related thereto. So there is ongoing discussion about introducing special cases to realize a high degree of autonomy in the area of maritime affairs and fisheries.

▶ In the current local autonomy of the Republic of Korea, “special (local) autonomy” is emerging as a new trend. The Local Autonomy Act is fully revised ([Enforced January 13, 2022] [Act No. 17893, fully revised on January 12, 2021]), which provides the legal basis for the establishment and operation of special local governments, and a series of laws on the establishment of special self-governing provinces were enacted.

○There are various movements to establish special local governments in accordance with the Local Autonomy Act, but the results are not yet visible. However, it appears that there are attempts to transform metropolitan local governments into “special self-governing provinces,” as in the case of the enactment of laws on the establishment of Jeju Special Self-Governing Province, established a long time ago, and recently established Gangwon Special Self-Governing Province and Jeonbuk Special Self-Governing Province.

○There may be matters that need to be discussed from various perspectives with regard to the transformation of metropolitan local governments into special self-governing provinces, but the most important matters requested by local governments in relation to this transformation is the large-scale transfer of the authority of the central government to local governments and the recognition of relevant special cases. That can be found in the “Special Act for the Establishment of Jeju Special Self-Governing Province and the Development of Free International City.”

▶ In relation to Gangwon Special Self-Governing Province, the “Special Act on Establishment of Gangwon Special Self-Governing Province and Development of Future Industrial Global City,” full revision of the “Special Act on Establishment of Gangwon Special Self-Governing Province” (hereinafter referred to as “Gangwon Special Act”), was passed by the National Assembly to be effective on June 8, 2024. The fully revised law stipulates various special cases regarding projects of Gangwon Special Self-Governing Province.

○While many special cases related to agriculture, etc. are stipulated, there are few special cases related to maritime affairs and fisheries. Therefore, it is necessary to identify maritime affairs and fisheries projects for which special cases can be recognized and to revise the law to stipulate such special cases. 

▶ Therefore, the purpose of this report is to propose measures to introduce special cases for Gangwon Special Self-Governing Province’s maritime and fisheries projects.

○This report seeks to present rough measures regarding how to institutionalize special cases based on a survey conducted by the Gangwon Research Institute and the Korea Rural Community Corporation Rural Research Institute on the need to introduce special cases.

 

Ⅱ. Main Contents

▶ Current status and special cases of laws related to Special Self-Governing Provinces

○As a series of special laws on the establishment of special self- governing cities and provinces were enacted, including the Jeju Special Act, the Gangwon Special Act, and the Jeonbuk Special Act, the Local Autonomy Act was also revised.

-In addition, a special bill on the establishment of Northern Gyeonggi Special Self-Governing Province, etc., and a special bill on the establishment of Daejeon Special Self-Governing City, etc. are pending in the National Assembly.

▶ In order to realize a high degree of autonomy in special self-governing provinces, it is requested that various special cases be introduced.

○ Articles 197 and 198 of the Local Autonomy Act can be cited as grounds for introducing special cases under positive law.

-Article 197 (1) recognizes the special characteristics of Seoul as the capital city. 

-Article 197 (2) recognizes special cases for Sejong Special Self-Governing City and Jeju Special Self-Governing Province as prescribed by law in consideration of the “special characteristics of the administrative system.”

-Article 198 is a provision recognizing special cases for large cities.

○ Article 197 (2) of the Local Autonomy Act can be cited as grounds for the recognition of special cases for special self-governing cities and provinces.

-Special cases may be introduced for the status, organization, administration, finance, etc., as prescribed by law, taking into account the special characteristics of the administrative system.

▶ Special cases for special characteristics of the local administrative system

○The special characteristics of the administrative system is interpreted as a single-level hierarchical structure, and is understood as special characteristics possessed only by Sejong Special Self-Governing City and Jeju Special Self-Governing Province.

○The Local Autonomy Act stipulates that a city or a county should be established within the jurisdiction of a special self-governing province in principle, and “cases in which a city or a county may not be established” are stipulated as exceptions.

○It is understood that the special characteristics of the administrative system will be recognized in the case of special self-governing provinces that do not have cities or counties within their jurisdiction, but that there will be no room for recognition of the special characteristics of the administrative system in special self-governing provinces that have cities or counties.

▶ Grounds for recognition of special cases for Gangwon Special Self-Governing Province

○In the case of Gangwon Special Self-Governing Province, it is difficult to recognize the special characteristics of “hierarchy” among the elements of the “local administrative system,” but grounds for the recognition of special characteristics were found in terms of “allocation of functions” among the remaining elements.

○Considering the legislative purpose of the Gangwon Special Act, enacted to establish Gangwon Special Self-Governing Province, which guarantees a high degree of autonomy unlike previous Gangwon Province, there may be room to recognize special characteristics related to the “allocation of functions” of the local administrative system.

○However, in the current Gangwon Special Act, there are no provisions regarding the allocation of functions between Gangwon Special Self-Governing Province and cities and counties, and in the fully revised Gangwon Special Act, a high degree of autonomy is guaranteed “based on the autonomy, responsibility, creativity and diversity of cities and counties.” For this reason, there are regulatory gaps regarding how to allocate functions between Gangwon Special Self-Governing Province and cities and counties under its jurisdiction.

▶ Direction for recognition of special cases for Gangwon Special Self-Governing Province

○The distinctiveness or special characteristics of Gangwon Special Self- Governing Province can be recognized not only in the direction of recognizing special cases related to authority in the relationship between the State and Gangwon Special Self-Governing Province, but also in the sense that it opens a new horizon beyond “decentralization and autonomy.”

○There is a need to recognize that the “decentralization” of Gangwon Special Self-Governing Province can be done either in the form of downward decentralization or upward centralization of city/county authority.

○In addition, “autonomy” is achieved in accordance with the principle of subsidiarity, but in the case of Gangwon Special Self-Governing Province, it is expected to realize a new aspect of autonomy that goes beyond the principle of subsidiarity.

 

Ⅲ. Expected effects

▶ Basic research on the introduction of special cases for special self-governing provinces

○It is expected to be used as basic research for the introduction of special cases in the enacted special self-governing province laws as well as in relevant laws to be enacted in the future.

-Categorize the special cases stipulated in the Jeju Special Act and use them as a legislative model.

○It is expected to establish central-local government relationship through new regulatory special cases for special self-governing provinces.

○It is expected to establish central-local government relationship through new regulatory special cases for special self-governing provinces.