한국제도·경제학회

In some metropolitan municipalities of local government, provincial councils are conducting HR hearings before the appointment of local government-owned enterprises’ CEOs by signing “conventions” with provincial governor or mayor. Unlike private companies, where the autonomous principle is dominant, there are the following legal problems in the public institutions where the rule of law should be adapted. First, by abusing the convention as a means of avoiding legal provisions, it violates the principle of supremacy and causes confusion in the statutory system. Second, since the effect of the convention is limited only to the parties, the appointment criteria and procedures are different according to the composition of the heads of the local governments and the local councils for the same positions. Third, the procedures for appointment of local autonomous entities vary depending on whether or not they have made agreements with the heads of the same or similar local public enterprises. Fourth, just like the Supreme Court cases, local council has excessive restrictions on the governor’s right without legal grounds. The most appropriate due process for solving this is to enact the laws on the basis of the execution of the HR hearings in the National Assembly. However, it is a proper way for the local councils, as a basis for the exercise of the appointment right, to make rules of establishing certain qualifications or capability standards for the CEO’s of relevant institutions or by determining the disqualifications not to be appointed as a senior official.