Decentralized Constitution: The Path to Advancement

Korean democracy faces diverse and serious challenges. The legitimacy of the democratic system is threatened by low growth and social polarization, while the culture of dialogue and compromise is being depleted due to extreme ideological confrontation and political conflict. Furthermore, policy implementation is frequently undermined by animosity and conflict among social groups. In addition, external environments, such as the North Korean nuclear crisis, the rapid rise of China, and the loosening of the ROK-US alliance, are pushing Korean democracy into an uncertain and unstable situation.

We must now consider how to consolidate and deepen Korean democracy in the face of domestic and external difficulties and challenges. We need to pool our collective wisdom on how to create a democracy that can flexibly respond to the rapidly changing external environment and mediate diverse social conflicts. To ensure that Korean democracy is effective in addressing its current tasks while also functioning properly according to procedures, the state structure must be reformed into a decentralized system.

To reform the state structure into a decentralized system, we must first create a constitution that embodies the spirit of decentralization. Furthermore, there must be a change in the actors and ideas driving the process of constitutional reform for decentralization. The next president should be the main actor, along with civil society. This is because the next president, serving a single term, will be relatively free from the vested interests of central political power. The next president must establish decentralization as the future vision for Korea, use it as a basis for institutional and policy experimentation, and persuade the public of the necessity of a decentralized constitution while preparing alternative solutions. To this end, the discourse on constitutional reform, distorted by central political power into debates such as "presidential system versus parliamentary system" or "single five-year term versus renewable four-year term," must be corrected.

The East Asia Institute's (EAI) research on constitutional reform for decentralization began in February 2005, when discussions on constitutional reform were limited solely to changing the presidential term. It was judged that constitutional reform that did not include the principle of decentralization could not encompass the national vision for the 21st century era of globalization, informatization, and democratization. Therefore, the primary research objective was to elevate decentralization as a central agenda item for constitutional reform. Here, we present the results of research conducted over 23 months by the EAI Decentralization Panel, composed of 17 experts, and the EAI Constitutional Reform Working Team, composed of 7 members, with the support of the Association of Korean Mayors and Governors.

Table of Contents

Foreword

Proposing a Decentralized Constitution | Kim Sun-hyuk, Kim Byung-kook

Chapter 1: Essential Requirements for Advancing the National Operational System| Choi Byung-sun

The 21st Century is an Era of Local Decentralization

Existing Perspectives on Democracy and Decentralization

Competition Among Local Governments as Levers for Social Democratization and Administrative Efficiency

Regional Development Gaps (Imbalances) and Local Decentralization: Are They Compatible?

Local Autonomy and Strengthening Decentralization: Why is it a Task of the Era?

Chapter 2: Decentralization and the Constitution: A Complex and Subtle Partnership| Hong Joon-hyung

Why the Constitution?

Local Autonomy Guaranteed by the Constitution, But...

Local Autonomy and Decentralization Depend on Constitutional Amendment

Chapter 3: What Can We Learn from the Local Autonomy Systems of Five Advanced Countries?| Ha Yeon-sup

Find a Path Suitable for Korea

Local Autonomy Systems by Major Countries

Five Principles Left by Advanced Countries

Chapter 4: Detailed Analysis: Local Autonomy and Decentralization in the Constitutional Articles of 11 Countries| Kim Sun-hyuk, Jeong Won-chul

Looking at Advanced Countries Shows the Way

Decentralization and the Constitution: The Constitution of the Republic of Korea and Local Autonomy

Constitutional Comparison

Results of Constitutional Comparison

The Constitution of the Republic of Korea Merely Possesses the Form of Local Autonomy

Chapter 5: Analysis of Decentralization and Constitutional Amendment Cases in Advanced Countries: France's Success, Italy's Failure, Germany's Dilemma| Jeong Won-chul, Kim Sun-hyuk

Decentralization and Constitutional Amendment is Never Simple

Case Analysis of France, Italy, and Germany: What Can Korea Learn?

Chapter 6: A Draft Amendment to the Constitution of the Republic of Korea Written for the Future| Kim Byung-ki

Draft Amendment: On What Basis Should It Be Created?

Draft Amendment Based on the Enhanced Local Autonomy Model

Draft Amendment Based on the Metropolitan Local Government Model

Draft Amendment Based on the Federal System Model

Change the National System Through Decentralization

Chapter 7: The Grand Premise of Decentralization and Constitutional Amendment: Achievements and Challenges of Local Autonomy in Korea| Jeon Young-pyeong

Premises for Evaluation

Evaluation of Institutional Changes and Achievements in Korean Local Autonomy

Alternatives for Securing the Positive Functions of Local Autonomy: Strengthening Civil Society Capacity is a Major Task

[Appendix 1] Provisions Related to Local Decentralization and Local Autonomy in the Constitutions of 11 Countries

[Appendix 2] Overview of Countries for Constitutional Comparison

[Appendix 3] Results of Constitutional Provision Analysis

For the convenience of our readers, parts of the manuscript of this book are made public.