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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2015Chu528 Decided February 4, 2021 【Revocation of Decision of Which Local Governments Would Acquire the Jurisdiction of the Portion of the Reclaimed Land in the Pyeongtaek-Dangjin Port】 [full Text]
Summary
[1] Whether the Local Autonomy Act’s failure to specifically state the substantive standards for determination and elements for consideration when the Minister of Interior and Safety and its affiliate committees pass resolutions or deliver decisions regarding attribution of jurisdiction over reclaimed land under Parags. (3) to (7) impairs the essence of local autonomy governance system guaranteed under the Constitution and thus constitutes a breach of the principles of clarity and statute reservation (negative)
[2] Legislative purport of Article 4(4) of the Local Autonomy Act, which requires the head of the competent office issuing a reclamation license or relevant local government having an interest in attribution of jurisdiction over reclaimed land to request a decision on attribution of jurisdiction from the Minister of the Interior and Safety before inspection on completion, and whether the failure to file a request for a decision on attribution of jurisdiction by the head of the competent office issuing a reclamation license or relevant local government before inspection on completion, as provided in the foregoing provision, constitutes the grounds for illegality necessitating revocation of the decision on attribution of jurisdiction made by the Minister of Interior and Safety (negative)
[3] Whether “the head of a relevant local government,” stated as an eligible applicant for filing a request for a decision on attribution of jurisdiction over reclaimed land under Article 4(4) of the Local Autonomy Act, includes the head of lower level local governments (affirmative)
[4] Whether the Minister of Interior and Safety and its affiliate committees have a broad discretionary power of forming when determining a local government to which reclaimed land at issue would belong (affirmative) and the limit of such discretion
Matters to be taken into consideration by the Minister of Interior and Safety and its affiliate committees when determining a local government to which reclaimed land would belong
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