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The Problems and Improvement Plan of Enacting Municipal by-law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 43(2), pp.437-460
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Byeong-Rok 1

1조선대학교

Accredited

ABSTRACT

The local council contains three fundamental functions such as autonomy legislation right, budget voting right and administrative audit right. Among these functions, the autonomy legislation right accepts citizen's opinion and reflects it into the policy while enacting municipal by-law like the local condition to contrive residents to promote welfare which is one of a deed that is local autonomy system's keynote. However, most of the framework of the municipal by-law is conducted by the executive and nevertheless, for an assembly to have an revised voting for the original bill from the chief of the municipal corporation's revoting demand rights or precedent disposition is not an easy thing in reality and speaking from the aspect of the legislation function such as model municipal by-law counseled by central government which has quite a lot of followings, local counsel has been having indication that it has not been able to fulfill it's general function. Also from the aspects of law, resident's limitation in rights or added obligation facts should have legal mandate. Despite representatives that has been elected by the citizens should accept resident's various opinions and should decide the municipal by-law. This dissertation introduces general theory related to municipal by-law and suggest the direction for improvement and suggest so local counsel could reside.

Citation status

* References for papers published after 2023 are currently being built.