조례에 대한 규범통제 및 입법적 개선방안

Abstract

In traditional power separation, it is difficult to make judicial judgments on legislative or executive power. Although the Constitution stipulates this in Article 107, there is a controversy about the possibility that the local autonomous entities may be unconstitutional or illegible in their autonomous laws and regulations. Gyeonggido Council passed a resolution on the establishment of a policy committee to support the activities of the local council members and to provide staff to assist them. The Ministry of Public Administration and Security judged the introduction of a virtual assistant system, and requested the asylum request. The Governor of Gyeonggido filed a complaint to confirm the invalidation of the ordinance after the asylum request. The Supreme Court ruled that the Ordinance was illegal. However, there has been controversy over the scope of the ruling because there is a problem in that it is necessary to nullify all the acts of amendment of the ordinance prior to the nullity judgment and the administrative act accordingly. Gyeonggi Province deleted the bylaws that the court deemed illegal and approved the revision of the articles that the court did not judge. Although the local council's appeal for invalidation of the revision of the ordinance is formally filed by the head of the local autonomous body for the re-approval of the local council, the validity of the ordinance is practically examined. It is necessary to extend the debate to make a variety of judgments such as unconstitutional legal judgments, apart from merely judging whether a re-vote is valid or invalid. To this end, the Local Autonomy Law may be amended to grant various powers to the Supreme Court, or it may be considered legislative to transfer the invalid confirmation to the Constitutional Court.