공유수면 매립지 관할 결정 과정과 분쟁조정에 관한 법적 고찰 - 충청남도 남포지구 매립지 관할 지방자치단체 결정에 관한 분쟁을 중심으로 -

Abstract

The procedures for deliberation and resolution of the Central Dispute Mediation Committee are procedures that must be passed in the decision of the local government to which the reclaimed land under the public waters belongs. The system in which the Minister of the Interior and Safety decides the local government to which the landfill site belongs after deliberation and resolution of the Central Dispute Mediation Committee was introduced in the revised Local Autonomy Act on April 1, 2009. This article reviews the overall dispute and decision process of the local government in charge of the landfill site in Nampo District (Busa Tool District) in Chungcheongnam-do, which includes Ungcheon-eup, Jusan-myeon, Seocheon-gun, and Seocheon-gun, Boryeong-si, Chungcheongnam-do. Through this, it was confirmed that the dispute settlement system that can resolve the dispute quickly and fairly so that the right of autonomy is guaranteed with the welfare and stability of the residents as the top priority is valid. The Minister of the Interior and Safety may decide who is responsible for the cost of the landfill site along with a decision on jurisdiction. It seems necessary to estimate that the local government determined as the local government to which the landfill belongs is the cost burden. In addition, The Local Autonomy Act stipulates that a lawsuit may be filed with the Supreme Court against the decision of the Minister of the Interior and Safety on dispute mediation. The litigation on dispute mediation conducted by the Supreme Court is a litigation regarding a decision with disposition, and therefore should be viewed as a subjective litigation. Local governments, which are legal entities with independent legal personality, should be able to contest the dispute resolution decision as a cancellation litigation as stipulated by the Administrative Litigation Act in order to protect their own autonomy. A decision on dispute mediation by the Minister of the Interior and Safety pursuant to a resolution of the Central Dispute Mediation Committee shall be regarded as a disposition subject to an appeal suit. In such a case, the Supreme Court must recognize the appeal against the dispute mediation decision itself.