조례안재의결무효확인
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The following facts may be acknowledged in light of each of the statements in Gap evidence Nos. 1 and 4 (Additional No. 4 omitted) in the process of the re-resolution of the Ordinance of this case, as a whole.
On December 20, 2013, the Defendant passed a resolution on the Ordinance for the Support of the Living Support Fund for Residents of the Islands of Reinforcement-gun (hereinafter referred to as the “Ordinance of this case”) and transferred it to the head of the reinforced Gun.
B. In accordance with the Incheon Metropolitan City Mayor’s request for reconsideration of the Ordinance, the head of the Gun strengthened Gun requested the Defendant to reconsideration of the Ordinance, and the Defendant re-decided the Ordinance as the original bill on February 10, 2014.
C. On March 7, 2014, the Plaintiff instructed the head of the reinforced Gun to propose a suit on the Ordinance of this case, which was resolved again, but the head of the reinforced Gun did not comply with it. The Plaintiff filed the instant suit on March 21, 2014.
2. Determination as to the legitimacy of the instant lawsuit
A. Article 172 of the Local Autonomy Act provides that where a local council’s resolution violates Acts and subordinate statutes or is deemed to seriously undermine public interest, the competent Minister may require the head of the relevant local government to file a lawsuit with respect to a City/Do, and the competent Minister or Mayor/Do governor may require the head of the relevant local government to file a lawsuit with respect to a Si/Gun/autonomous Gu (paragraph (1)), and the competent Minister or Mayor/Do governor may instruct the head of the relevant local government to file a lawsuit or directly file a lawsuit if the head of
(Paragraphs 4, 6). (b)
In full view of the language and legislative purport of Article 172(4) and (6) of the Local Autonomy Act concerning the reconsideration of resolutions made by the local council and filing a lawsuit, the legislative history of the amendment and the structure of the Local Autonomy Act, etc., the re-resolution of the local council under Article 172(4) and (6) of the Local Autonomy Act as follows.