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(영문) 대법원 2015.09.10 2013추562
조례안재의결무효확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts can be acknowledged by the re-resolution of the Ordinance of this case and the summary of its contents by considering the contents of Gap evidence Nos. 1 to 4 and the whole purport of arguments.

On July 26, 2013, the Defendant passed a resolution on the Ordinance of the Promotion of the Promotion of the Promotion of the Honorary Zone in Bocheon-si (hereinafter “instant Ordinance”). On August 14, 2013, the Plaintiff demanded reconsideration from the Defendant on the ground that the instant Ordinance violated the statutes. However, the Defendant re-resolutioned the instant Ordinance as the original bill on September 25, 2013, thereby establishing the instant Ordinance.

B. The Ordinance of this case was enacted for the purpose of facilitating original cities by providing for the promotion of the original city deliberation function, the discovery and promotion of policies necessary for the restoration of business districts, and various administrative and financial support matters (Article 1), and by designating some areas of the Dong-gu, Yannam-gu, the Dong-gu, the Dong-dong (hereinafter “the instant area”) as an area for the revitalization of business districts (Article 5), and the Mayor may subsidize some of the rent for individuals, etc. who moved into the area and engage in activities and business in relation to culture and arts, and the cost of festivals and events to be held for the revitalization of business districts (Articles 6 through 8), and the project cost necessary for the revitalization of original cities shall be organized and managed as a general account (Article 10), etc. from the revenue of the Yanan-si (Article 10).

2. Whether the Ordinance of this case was enacted without any ground for delegation by statutes and was unlawful

A. The Plaintiff’s duties of designating and supporting business district revitalization zones under the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”) are the State affairs, the unique duties of which are delegated by the Administrator of the Small and Medium Business Administration, and fall under the delegated duties by the heads of local governments.

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