공유수면매립지 행정구역 귀속에 관한권한쟁의심판 결정의 기속력- 헌재 2004. 9. 23. 2000헌라2 결정과 개정된지방자치법 제4조 제3항 내지 제9항을 중심으로 -

Abstract

Unlike land, with respect to the ocean, there was no area specified to be subject to the jurisdiction of a particular local government by way of the lot number assigned to real estate, nor is there a statute directly delimitating the demarcation between the administrative districts. Thus, the Constitutional Court has ruled the demarcation of jurisdictional authority by an administrative custom that is recognizing the maritime demarcation on the topographical map in competence dispute over jurisdictional authority over the public waters or reclaimed lands until April 2009. The legislative branch made the 3 to 9 clauses of article 4 of the Local Autonomy Act which regulate the procedures of demarcation of jurisdiction over reclaimed lands. The Supreme Court’s decision as to the jurisdictional authority of a local government over the embankments has comprehensively taken into account the topography at the time of completion of the whole Saemangeum Project, the effectiveness of national land management, the conveniences of residents, etc. The determination of jurisdiction over the embankment areas shall be made taking into consideration not only the current state but also the whole picture of the Saemangeum Project to be completed afterwards. The limit of binding power of the Constitutional Court decision 2000Hun-Ra2, Competence dispute over jurisdictional authority over embankment in the Asan-man Coastal Area, comes into question with regard to the 3 to 9 clauses of article 4 of the Local Autonomy Act. The administrative custom that is recognizing the maritime demarcation on the topographical map lost legal binding force by the 3 to 9 clauses of article 4 of the Local Autonomy Act.