조례안재의결무효확인
The re-resolution made by the defendant on March 14, 2013 against the Ordinance on School Autonomy of Gwangju Metropolitan City shall have no effect.
1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the re-resolution of the Ordinance of this case and the statements in Gap Nos. 1, 2, 3, and 4 (Additional Number omitted).
(1) On January 31, 2013, the Defendant passed a resolution on the Ordinance concerning the autonomy of schools in Gwangju Metropolitan City (hereinafter “instant Ordinance”).
On February 20, 2013, the Plaintiff issued a request for reconsideration to the Superintendent of the Gwangju Metropolitan City Office of Education on the ground that “The Ordinance of this case requires the establishment of a specific organization to a school without explicit delegation of statutes, and is unlawful, and is likely to undermine the public interest by conflicting with the organization under the Elementary and Secondary Education Act and functions thereof.” Accordingly, the Superintendent of the Gwangju Metropolitan City Office of Education issued a request for reconsideration of the Ordinance of this case on February 21, 2013.
However, on March 14, 2013, the Defendant re-decided the proposed ordinances of this case as they were the original bill.
(2) The proposed ordinances of this case guarantee the right of students, parents, teachers, and employees to participate in school operation (Article 1); the purpose of the proposed ordinances of this case is to have teachers’ association, student’ association, parents’ association, and employees’ association as autonomous organizations (Article 4); and the school teachers’ association (Article 5); the student’s association (Article 6); the student’s association (Article 7); the school affairs council (Article 8); the school affairs council (Article 9); the establishment of teachers’ personnel advisory committee (Article 10); and the matters to be deliberated on by each autonomous organization.
2. (1) According to Articles 22 and 9 of the Local Autonomy Act, matters that a local government may enact a municipal ordinance are limited to autonomous affairs, which are the inherent affairs of the local government, and the delegated affairs of the local government delegated by individual statutes, and matters concerning the delegated affairs of the government to the head of the local government or delegated affairs of the higher local government, in principle, do not fall within the scope of the enactment of the municipal ordinance
b) the Commission;