제주특별자치도 인권 보장 및 증진 조례안 재의요구에 관한 소고

Abstract

The Jeju provincial assembly passed the bill on human rights, but the Jeju governor requested it be reconsidered. The first reason is that provisions of the bill on supporting victims of public power don't come within the autonomous affairs and breach the Enforcement Decree of the State Compensation Act and violate Local Finance Act. The second is that provisions of the bill on establishing Human Rights Commission and Human Rights Center breach the governor's authority. Governor's request results from a lack of constitutional principles that all government should pursue guarantee of human rights. In this paper, I look into the basis of legislative power of local councils, the range and limit of legislative power of local councils and possibility and limit of ordinance on human rights. and then I introduce the gist of the bill on human rights, and examine legal issues in terms of the constitutional law.