행정수도로서의 세종시 건설에 관한 헌법적 정당성 검토

Abstract

Sejong Special Self-Governing City declared that the 「Special Measures for Construction of new Administrative Capital」 designed to prevent the overcrowding of the metropolitan area will become invalid after the decision of the Constitutional Court becomes unconstitutional. It is a multi-functional administrative city built on the basis of the 「Special Act on the Construction of Administrative City in Yeongi-Gongju Area for follow-up Measures for new Administrative Capital」. As the city became a ‘multi-functional administrative city’ instead of the ‘administrative capital’ originally envisaged, the size and scope of the previous target organizations were drastically reduced and even those were excluded. It is the reality that it is becoming. The root cause of these troubles is the decision of the Constitutional Court in 2004 to prohibit the special act on the new administrative capital. In this decision, the Constitutional Court ruled that the customary constitution of Seoul is the capital, and that the transfer of capital should be done through amendment of the constitution, not by legislation. However, the capital is a tool for realizing the value of the Constitution even if it is compared with the elements of important national characteristics such as the relation with the function of the Constitution, the territory, the official language and the national flag. It can not be. The fact that Seoul is a capital city is also a practice, and it is difficult to say that it includes the members, that is, the legal convictions of the people. The decision of the Constitutional Court in 2004 to disregard the 「Special Measures for Construction of new Administrative Capital」 is a negative example of the ‘judicialization of politics’. However, in spite of these problems, the Constitutional Court should respect the decision of the Constitutional Court unless the Constitutional Court changes its opinion on its own. Therefore, the solution should be sought on the premise of it. It is to include contents about the capital. In addition, a revision of the local autonomy and decentralization-oriented constitution should be made for the balanced development of the nation, which is the ultimate purpose of the administrative capital city. To that end, we must first focus on deriving national consensus. The norm is ultimately the result of a national consensus. The relocation of the administrative capital of Sejong city is sometimes an opportunity for the development of the region that was rejected to date and a prelude to decentralization and when the constitutional amendment is done in such a direction, we It will be able to contribute to the balanced development of the country where the Constitution is oriented.