조례벌칙제정권의 법리 확장 가능성 연구

Abstract

The purpose of this study is to examine the legal limit of penal provision by ordinance, to draw it's improvements. And this study will be contributed to extension of the ordinance legislative power and diversification of penal provision by ordinance, and guarantee of administrative effectiveness of local governments and rule of law. As penal provisions of local government by ordinance must be enacted through the decision of the local council, those are the legal norm with democratic legitimacy corresponding to laws. The people's liberties and rights can be restricted for national security and public welfare, maintenance of order by laws. So that, for regional public welfare and maintenance of order, the penal provisions for offence can be enacted by ordinances. Local governments autonomically must be able to enact types and determination of punishment within the limit of laws and regulations.