도로교통 정보수집에 관한 지방자치단체장의 법적 지위 고찰

Abstract

Rapid change of road environment makes users be convenient, but at the same time it increases the cost of products and times that result from traffic jam. It is emerging to a new social problem. To copy with this, the government and local self-governments make various efforts. Besides, seen in the side of law system, it is needed to regulate traffic-related details so that it can manage systematically traffic. The law department focuses on setting up plans on traffic management, but it has some troubles in legislature to collect traffic information and use them. In another words, ‘The Road Law’ and 'The Effectiveness Law For Systematic Traffic’ regulate traffic running directly, whereas traffic information gathering isn’t. Only fundamental articles to collect traffic data are available, which is possible by the extended interpretation of traffic management. Therefore, at first it should resolve the problem. By doing that, it should achieve the principle of ‘Law Conservation’ that it says ‘law should have a grounded articles’. In present, the administer of the national land and sea department is responsible for running road traffics. It has some limitations on working effectively and enlarging users' convenience, because a central administrational agency of the national and sea department is in charge of the general business on national land, etc. In order to overcome the restriction above, the Road Law stipulates that each local administrational agency should manage its road traffic on its own. Thus, the president of a local self-government, as a director of the agency, is assigned to control and manage the other local roads except national roads which pass through local roads. the president of a local self-government has an authority to get together traffic information as part of it’s administration. The law on piling up traffic data are regulated variously, especially ‘The Law of Road’, ‘The Law of Traffic Saft’, and ‘The Law of City Traffic Settlement Encouragement’, as basic articles, stipulate that the authority to gather traffic information belongs to the one who governs locals. Although we can find the ground to collect traffic information in varied laws, it is still in a situation in which specific and obvious regulations related with traffic data are incomplete. Therefore, this research insighted into the legal position of the president of local self-government and features of fundamental laws saying that he should have the authority to collect traffic information.