메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject

Reasonable methods to determine the administrative districts of Saemangeum, and the associated tasks -Together with an analysis of the meanings and implications of the Supreme Court's decision on No.3 & No. 4 embankments of Saemangeum-
Recommendations
Search

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

논문 기본 정보

Type
Academic journal
Author
Journal
한국지방자치법학회 지방자치법연구 지방자치법연구 제14권 제3호 KCI Accredited Journals
Published
2014.1
Pages
343 - 369 (27page)

Usage

cover
Reasonable methods to determine the administrative districts of Saemangeum, and the associated tasks -Together with an analysis of the meanings and implications of the Supreme Court's decision on No.3 & No. 4 embankments of Saemangeum-
Ask AI
Recommendations
Search

Abstract· Keywords

Report Errors
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.

Contents

No content found

References (27)

Add References

Related Authors

Recently viewed articles

Comments(0)

0

Write first comments.