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(영문) 대법원 2018.07.11 2017추5046

조례안재의결무효확인

Text

The Defendant’s amendment of the Gyeonggi-do Council Ordinance on the Organization and Operation of Negotiation Groups and Committees on March 14, 2017.

Reasons

1. The following facts can be acknowledged in light of the circumstances surrounding the re-resolution of the Ordinance of this case and the summary of the contents thereof as stated in Gap evidence Nos. 1 to 6.

On October 18, 2016, the Defendant passed a resolution on partial amendment of the Ordinance on the Establishment and Operation of the Gyeonggi-do Council negotiation body and Committee (hereinafter “instant Ordinance”) and transferred the Ordinance to the Plaintiff on October 20, 2016.

On November 2, 2016, the Minister of Government Administration and Home Affairs ordered the Plaintiff to re-request the Ordinance of this case to the effect that the policy committee for supporting negotiation groups was established and the public officials are employed.

Accordingly, on November 8, 2016, the Plaintiff demanded the Defendant to reconsider the Ordinance of this case. However, on March 14, 2017, the Defendant re-decided and finalized the Ordinance of this case as it is.

B. The main contents of the Ordinance of this case are as follows.

1) The purpose of this Ordinance is to prescribe matters concerning the composition and operation of the negotiation body and the standing committee of the Gyeonggi-do Council and the Special Committee of the Gyeonggi-do Council (Article 1); to assist the negotiation body and the legislative activities of the negotiation body and to handle the affairs thereof (Article 3(1)); its employees are prescribed by the Ordinance on the Establishment of the Council Secretariat of Gyeonggi-do (Article 3(2)); and its employees are prescribed by the Ordinance on the Establishment of the Council Secretariat of Gyeonggi-do (Articles 1 and 3 of the previous Ordinance). The Ordinance of this case shall be amended to “Negotiating Parties and the Policy Committee” under Articles 1 and 3 of the previous Ordinance, to establish the Policy Committee within the Council in order to strengthen the policy functions of the negotiation body (Article 2-2). The organization of the Policy Committee shall be organized by the representative of the negotiation body, to notify the result thereof (Article 3(2)); the Policy Committee’s activities are limited to research and development evaluation of policies related to Gyeonggi-do, such as the promotion of the welfare of Do residents;