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The Act for Multifunctional Administrative City(Sejong) and Problem of Public Notice

  • DONG-A LAW REVIEW
  • 2010, (46), pp.35-67
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Myung, Jae Jin 1

1충남대학교

Accredited

ABSTRACT

With the great idea of a keystone for the balanced development of the territory, the korean government and parliament have proclaimed the special law for constructing the Mutifunctional Administrative City in 2005('MAC'). And in that year korean government has issued notification of the planned area, peripheral area, enforcing bodies and transferring plans of central administrative organizations. But after political power transition to ‘MB Lee Government’ in 2008, the newly elected staff in cabinet has rejected the promulgation of transferring plans of central administrative organizations. According to the Article 16 of special law, the minister of public administration and security must issue notification of transferring plans of central administrative organizations. That kind of refusal of minister makes now constitutional problem, because due to the prolonged disapproval the competence of parliament can be violated by administration. Illegal nonfeasance of government threatens the important consitutional principle, separation of power. For the legal remedy it can be considered, to take action of administrative and constitutional Litigation, for example affirmation of illegal administrative nonfeasance, constitutional complaint, or competence dispute.

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