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TITLE Supreme Court Decision 2018Du40744 Decided October 17, 2019 ¡¼Revocation of Disposition Disapproving Development Activities¡½ [full Text]
Summary
[1] In a case where a statute comprehensively delegates matters pertaining to the rights and obligations of residents to an ordinance without precisely stipulating the scope of delegation, whether it is possible to stipulate matters relating to the rights and obligations of residents by an ordinance (affirmative with restriction)
[2] In the case determining whether there are statutory grounds for Articles 23(1)1 and 23(1)2 of the Ordinance for Cheongsong-gun Urban Planning that regulate the utilization and development of land by placing restrictions on the location of solar power infrastructure within a certain distance from main roads and concentrated residential areas, the case holding that the said ordinance provisions are a concrete stipulation of matters delegated under the National Land Planning and Utilization Act
[3] Where a statute delegates certain matters to an ordinance, and the standard of determining whether an ordinance functions within the scope of delegation
[4] In the case determining whether Article 23-2(1)1 and 23-2(1)2 of the Ordinance for Cheongsong-gun Urban Planning constitute a deviation from superior law, the case holding that the said ordinance provisions may not be deemed to have exceeded the limits delegated under the National Land Planning and Utilization Act
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