메뉴 건너뛰기
.. Library .. Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject

The Guarantee of Local Self-Government and of Municipal Legislation(Rule-Making) in the Constitution - Focusing on the Seoul High Court Ruling about SSM(December.12. 2014) -
Recommendations
Search

헌법상 지방자치 보장과 자치입법권 보장- 2014.12.12 서울고등법원 SSM 관련 판결을 중심으로 -

논문 기본 정보

Type
Academic journal
Author
Journal
한국지방자치법학회 지방자치법연구 지방자치법연구 제16권 제1호 KCI Accredited Journals
Published
2016.1
Pages
31 - 86 (56page)

Usage

cover
The Guarantee of Local Self-Government and of Municipal Legislation(Rule-Making) in the Constitution - Focusing on the Seoul High Court Ruling about SSM(December.12. 2014) -
Ask AI
Recommendations
Search

Abstract· Keywords

Report Errors
According to the Opening of Domestic Distribution Market in 1996, Korean government enacted Distribution Industry Development Act(DIDA) of 1997 that aims to ensure the efficient promotion and balanced development of distribution industry and establish sound order in commercial transactions, thereby protecting consumers and contributing to the development of the national economy(§ 1). Despite of several amendments of DIDA, as the hypermarkets and super-supermarkets(SSM) have grown rapidly and widely into regions, the traditional store and small mom-and-pop store in the region(small regional store) have decreased and therefore, the conflicts between the SSM and the small regional store have increased. The newly amended DIDA of 17, January 2012 came into effect, has introduced the restriction on business hours and mandatory store closing of SSM(§ 12-2), which provoked(caused) pros and cons and lead to intense controversy on its legitimacy and effectiveness. The amended DIDA of 24, July 2013 came into effect has strengthened the restriction on business hours and mandatory store closing of SSM and also lead to intense controversy on its legitimacy and effectiveness. September 24, 2013, Seoul Administrative Court ruled that the administrative measure that restricts business hours and imposes mandatory store closing on the SSM was legitimacy, but December. 12. 2014, Seoul High Court ruled that the administrative measure on the SSM was illegitimacy, because(on the ground) that the administrative measure had several faults. For example, firstly the misconceive of object of the measure, secondly, the default of the procedure, thirdly, abuse of discretion, fourthly, infraction(violation) of GATS and so on. Here emerged a serious apprehension(fear) among not a few people(citizens) of whether a local self government can make non by-law and measure, which including restrictions on business of SSM and so on. Therefore, this paper attempts to review the legal validity of the grounds(details) of the Seoul High Court Ruling(December. 12. 2014) and to represent a few ideas for future improvements of DIDA and Municipal Legislation(Rule-Making) and so on.

Contents

No content found

References (0)

Add References

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Recently viewed articles

View more

Comments(0)

0