The nature of delegation of authority under this section

Since Article 106 of the Local Autonomy Act is not a provision concerning internal delegation, but a provision concerning delegation of authority, it is legitimate that the Do governor delegates the authority to manage the illegal buildings in the clearance zone to order removal, etc. under Article 50 (6) of the Road Act to the head of the Gun under the same Act.

Article 106 of the Local Autonomy Act

Plaintiff (Attorney Lee Hong-soo, Counsel for the plaintiff-appellant)

Maritime Gun (Attorney Go-won, Counsel for defendant-appellant)

Gwangju High Court Decision 76Gu72 delivered on December 16, 1976

The original judgment is reversed, and the case is remanded to the Gwangju High Court.

The grounds of appeal by the defendant's attorney are examined.

According to the judgment of the court below, with respect to illegal buildings, etc. in the border area, the Do governor, who is the managing authority, ordered the owner or possessor of the building to take measures such as removal, restoration, etc. pursuant to Article 50 (6) of the Road Act, and there is no ground provision that the above Do governor may delegate the authority to the head of the Do government, and there is no provision that the provisions of Article 106 of the Local Autonomy Act can delegate the authority to the head of the Do government. Thus, even if the Do governor delegated the management authority of the local highway to the head of the defendant under the Ordinance pursuant to Article 106 of the Local Autonomy Act, this cannot be deemed to be the delegation of authority. Thus, the court below determined that

However, Article 106 of the Local Autonomy Act cannot be deemed as a provision concerning internal delegation, and therefore, it shall be deemed as a provision concerning delegation of authority, so the court below erred by misapprehending the legal principles on delegation of authority under Article 106 of the same Act, which affected the conclusion of the judgment, and it is so decided as per Disposition by the assent of all participating judges.

Justices Yang Byung-ho (Presiding Judge)