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TITLE Supreme Court en banc Decision 2010Du19270 Decided November 22, 2012¡¼Revocation of Disposition of Building Permit Disapproval¡½ [full Text]
Summary
[1] Effectiveness of a municipal ordinance which without the authority delegated by law regulates residents¡¯ rights or imposes obligations to residents (i.e., invalid)
[2] In a case where Article 13(2) of Suncheon City¡¯s Parking Lot Ordinance provided that ¡°annexed parking lots may not be used for other purposes until the facility in question becomes defunct¡± despite the fact that Article 19-4(1) of the former Parking Lot Act and Article 12(1)3 of the former Enforcement Decree of the Parking Lot Act permit the alteration of the purpose of use in such parking lots, and do not delegate authority to municipal ordinances, whether it is justified that the court below determined that the aforementioned Parking Lot Ordinance violated the principle of statutory reservation and was therefore ineffective
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