logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.11.29 2016두35229
폐기물처리시설설치비용부담금부과처분취소
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. According to Article 22 of the Local Autonomy Act and Article 4(3) of the Framework Act on Administrative Regulation, where a local government establishes a municipal ordinance concerning the restriction on the rights of residents, the imposition of obligations on residents, or penal provisions, it is required to be delegated by law. Therefore, the municipal ordinance prescribing matters concerning the restriction on the rights of residents or the imposition of obligations on residents

(2) In cases where a person delegated a municipal ordinance with respect to a specific matter, the Supreme Court en banc Decision 2010Du19270 Decided November 22, 2012 (see, e.g., Supreme Court en banc Decision 2010Du19270, Nov. 22, 2012). In determining whether the municipal ordinance complies with the bounds of delegation, the Supreme Court should comprehensively examine the legislative purpose and content of the relevant statutory provisions, the structure of the relevant provisions, and the relationship with other provisions. Furthermore, whether a new legislation was made beyond the bounds of delegation

(2) Article 6 of the former Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (Amended by Act No. 12077, Aug. 13, 2013; hereinafter “Waste Facilities Promotion Act”) shall be paid to the head of a Si, etc. having jurisdiction over the relevant area the amount equivalent to the installation cost of waste disposal facilities prescribed by Presidential Decree (hereinafter “amount equivalent to the installation cost”) to treat wastes generated from the relevant multi-family housing complex or housing site (hereinafter “project implementer”), and the amount equivalent to the installation cost of waste disposal facilities prescribed by Presidential Decree shall be used to install waste disposal facilities to treat wastes generated from the relevant multi-family housing complex or housing site (hereinafter “amount equivalent to the installation cost”), and the relevant installation cost of the market, etc. shall be used to install waste disposal facilities to treat wastes generated from the relevant multi-family housing complex or housing site (paragraph (1)).

arrow