@article{ART001529388},
author={CHO JAEHYUN},
title={A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2011},
number={50},
pages={33-65}
TY - JOUR
AU - CHO JAEHYUN
TI - A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes
JO - DONG-A LAW REVIEW
PY - 2011
VL - null
IS - 50
PB - The Institute for Legal Studies Dong-A University
SP - 33
EP - 65
SN - 1225-3405
AB - In 1995 there was a important decision(90 hun-ra 1) of the Constitutional Court of Korea. The constitutional court decided whether the part of the State agencies would be the admissibility of a party to legal proceedings of the Adjudication on competence disputes. In this case the constitutional court confirmed that the part of the State agencies could not be a party to the Adjudication on competence disputes. Two years later the constitutional court had overruled the precedent on the admissibility of a party to legal proceedings of the Adjudication on competence disputes. In 96 hun-ra 2, the constitutional court decided that the part of the State agencies could be a party to the Adjudication on competence disputes. From this case the scope of the party to the Adjudication on competence disputes has broadened gradually.
With reference to the admissibility of a party to legal proceedings of the Adjudication on competence disputes, in this paper it will be trying to analyse whether the organ of local government, for example a local government head or a chairperson of local assembly can be a party to the Adjudication on competence disputes or not, commenting on the case of competence dispute initiated by Ongjin-gun(province) against Taean-gun(province) and the mayor of Taean-gun(2005 hun-ra 2). In this case constitutional court decided that the request for adjudication against the mayor of Taean-gun should be dismissed and the request for adjudication against Taean-gun would be admissible as legality. According to the opinion of the court, to request of local government against the organ of local government as an executive organ should be always inadmissible. It seems appears to me that the constitutional court decided whether the respondents(the mayor of Taean-gun) has infringed the right of autonomy of the claimant(Ongjin-gun), not dismissing the request of the claimant.
KW - admissibility of a party to legal proceedings;Adjudication on competence disputes;organ of local government;local government head;chairperson of local assembly
DO -
UR -
ER -
CHO JAEHYUN. (2011). A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes. DONG-A LAW REVIEW, 50, 33-65.
CHO JAEHYUN. 2011, "A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes", DONG-A LAW REVIEW, no.50, pp.33-65.
CHO JAEHYUN "A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes" DONG-A LAW REVIEW 50 pp.33-65 (2011) : 33.
CHO JAEHYUN. A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes. 2011; 50 : 33-65.
CHO JAEHYUN. "A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes" DONG-A LAW REVIEW no.50(2011) : 33-65.
CHO JAEHYUN. A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes. DONG-A LAW REVIEW, 50, 33-65.
CHO JAEHYUN. A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes. DONG-A LAW REVIEW. 2011; 50 33-65.
CHO JAEHYUN. A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes. 2011; 50 : 33-65.
CHO JAEHYUN. "A study on the admissibility of a party to legal proceedings of the Adjudication on competence disputes" DONG-A LAW REVIEW no.50(2011) : 33-65.
