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| TITLE | Supreme Court Decision 2015Chu528 Decided February 4, 2021 【Revocation of Decision of Which Local Government Would Acquire Jurisdiction of the Portion of the Reclaimed Land in the Pyeongtaek-Dangjin Port】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [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 the reversion of the reclaimed land under Parags. (3) to (7) impairs the essence of the local autonomy governance system guaranteed under the Constitution and 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 the reversion of jurisdiction of a reclaimed land to request a decision on the reversion of jurisdiction by the Minister of the Interior and Safety until before the inspection on completion and whether the failure to file a request for a decision on the reversion of jurisdiction by the head of the competent office issuing a reclamation license or relevant local government before the inspection on completion, as provided in the foregoing provision, constitutes the grounds for illegality necessitating the revocation of the decision on the reversion of jurisdiction 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 the reversion of jurisdiction of a 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 the reclaimed land at issue would belong (affirmative) and the limit of such discretion Matters to be considered by the Minister of Interior and Safety and its affiliate committees when determining a local government to which a reclaimed land at issue would belong | |
