새만금지구 행정구역의 합리적 결정방안과 과제 - 새만금 3·4호 방조제 대법원 판결의 의미와 시사점 분석을 겸하여 -

Abstract

A local government can exercise its self-governing right within its determined boundaries. They are called the boundaries of a local government. As a local government is closely linked with neighboring ones, the boundaries among them should be clearly determined so that each of the neighboring local governments can exercise its individual power. Article 4 of the Local Autonomy Act provides that the jurisdictions of local governments shall in principle be the same as prescribed by the previous provisions of the Act. As this provision has been in existence since 1949 when the Act was enacted, the jurisdictional areas of local governments remain almost the same as the administrative districts at the time of Korea's liberation from Japanese colonial rule. As to the issue of which local government shall have jurisdiction over the land to be newly formed by the Saemangeum land reclamation project, each of the neighboring local governments has tremendous interests. It is because the jurisdictional area of a local government is a constituting element of the local government, along with its residents and self-governing right. However, a lot of disputes have occurred with regard to jurisdiction over the land which has been newly formed by a reclamation project, due to unclear criteria for determining the boundaries of a local government. This study has introduced judicial precedents and theories relative to this issue. Especially, this study has analyzed the meanings and implications of the Supreme Court's decision issued last November. The Supreme Court's decision as to the jurisdictional authority of a local government over the embankments has comprehensively taken into account the topography at the time of completion of the whole Saemangeum Project, the effectiveness of national land management, the conveniences of residents, etc. Since each of the areas A, B, and C referred to in the decision is considered to be the extension of the boundary of each existing local government, they shall be subject to the jurisdiction of the closest existing local government. From this premise that each of the areas A, B and C belongs to each different local government, the boundaries of competent local governments with regard to the embankment sections shall be determined in correspondence with the management of the land to be newly formed. In other words, determination of jurisdiction over the embankment areas shall be made taking into consideration not only the current state but also the whole picture of the Saemangeum Project to be completed afterwards.