A Study on the Model of the Korean Local Personnel Hearing System: Focusing on domestic and foreign case analysis

Soon Chang So
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Abstract

This study analyzes the current status of the personnel hearing system currently introduced and operated by local councils, focusing on domestic and foreign cases, and proposes alternatives based on the controversial points of the local personnel hearing system in accordance with the newly introduced 「Local Autonomy Act」. First, the candidate's morality and policy capacity must be verified by management ability of local government and policies, and confirmation hearings are disclosed to the public in principle, but are closed in special cases. Second, the targets for personnel hearings are promoted as stipulated in the「Local Autonomy Act」, but whether or not to expand the targets for personnel hearings is determined by the ordinance. The main body of the personnel hearing system is operated through the ‘Special Committee on Personnel Hearing’, which is composed of 15 or less members, including more than half of the members of the relevant standing committee, and the committee’s activity period is sufficient for 10 days. Lastly, it is necessary to secure a sufficient period of time for the personnel hearing, and the results of the hearing should state whether the candidate is qualified and specific reasons, and it is suggested that a system of participation of local residents be introduced in the future. However, the local council's personnel hearing system is determined by taking into account the regional personal and environmental characteristics, and efforts to respond flexibly according to regional circumstances are required in the implementation process of the local council's personnel hearing system in the future.
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韩国地方人事听证制度模式研究——以国内外案例分析为中心
本研究以国内外案例为重点,分析了目前地方议会引入和运行的人事听证制度的现状,并根据新出台的《地方自治法》,针对地方人事听证制度存在的争议点,提出了替代方案。首先,候选人的道德和政策能力必须通过地方政府的经营能力和政策来验证,人事听证会原则上公开,但在特殊情况下不公开。第二,人事听证目标按照《地方自治法》的规定推进,但是否扩大人事听证目标由条例决定。人事听证制度的主体通过“人事听证特别委员会”运作,该委员会由15名以下委员组成,其中包括相关常务委员会委员的一半以上,委员会的活动时间足够10天。最后,有必要确保人事听证会的充分时间,并在听证会结果中说明候选人是否合格和具体理由,并建议今后引进地区居民参与制度。但是,地方议会人事听证制度是根据地区的个人和环境特点来决定的,今后在地方议会人事听证制度的实施过程中,需要根据地区情况灵活应对。
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