지방자치법 제172조에 따른 제소권 원고적격에 대한 소고 - 2014추521 전원합의제 판결을 중심으로 -

Abstract

Local Autonomy the decision of the provincial councils can only be controlled by legitimacy if lawsuits are filed by the supervisory bodies of the local autonomous bodies. This means that independence and autonomy of local autonomous bodies should be respected as much as possible. In addition, the state’s involvement in local autonomy is understood to be desirable as far as possible. However, the ordinance for violating the Act is outside the scope of the enactment of the ordinance, and Article 172, which prescribes the right of the state to supervise and supervise, Korea has always been giving guidance and supervision to higher self-governing bodies in order to operate local self-government system with middle-level structure of basic autonomous entity and metropolitan autonomous entity. The Supreme Court denied that the Minister of Justice had no right to complain about the re-affirmation of the basic local council. But in this case, the state of illegality must continue to be illegal unless it is controlled specifically and externally. In order to ensure that the state oversees the legality of local government administration and maintains the unity of national laws and ordinances. It is not desirable to reduce the eligibility of the plaintiffs’ right of appeal as in the case of the Supreme Court judgment because there is a risk of violation of the purpose of the Article 172, which was established as an institutional apparatus for correcting the enactment. In addition, neglecting the ordinances that are highly concerned about illegal acts after being subjected to judicial review and invalidation causes wasting of local administration, causing loss of the residents’ confidence in self - governing legislation, confusion of difficult - to - recover laws It is desirable to recognize the right of direct appeal by the Minister of Justice on the resolution of the basic provincial councils. This is not a violation of the powers of the local council itself as a procedural control regulation on the decisions of the unlawful provincial councils, nor can it be seen that the legislative power of the provincial councils is reduced or infringed.