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(영문) 대법원 2016.10.27 2014추514
조례안재의결무효확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. As a result of the reconsideration of the Ordinance of this case, the following facts can be acknowledged in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 8.

On December 20, 2013, the Defendant passed a resolution on the Gyeonggi-do Ordinance on the Organization and Operation of the Commercial Area Impact Assessment Committee (hereinafter “instant Ordinance”) proposed by its affiliated members, and transferred the Ordinance to the Plaintiff on December 23, 2013. The Plaintiff demanded the Defendant to reconsider the instant Ordinance on the ground that the instant Ordinance violates statutes and regulations, but the Defendant re-resolutioned the instant Ordinance on February 13, 2014.

B. The Ordinance of this case was enacted with the aim of contributing to the win-win development of the public distribution industry in the region and the revitalization of the local business district by establishing and operating the Gyeonggi-do Business District Impact Assessment Committee in order to analyze and assess the impacts of the establishment and operation of the large scale store in the region of Gyeonggi-do on the local business district within the scope of the authority of the Gyeonggi-do Governor under Article 9 of the Local Autonomy Act (Article 1

1) The term "commercial sphere impact assessment" means an objective and systematic analysis and evaluation of the impact of the establishment and operation of a superstore in a specific area in Gyeonggi-do on the regional commercial zone, and in particular providing policy data to prepare a scheme to avoid or reduce it by predicting the degree of damage caused by the expansion of a superstore (Article 2). 2) The Governor of the Gyeonggi-do may, upon the application of the head of the Si/Gun, conduct a commercial zone impact assessment when he/she considers it necessary to conduct a commercial zone impact assessment on the establishment and operation of a superstore or when he/she determines that the establishment and operation of a superstore has an impact on the regional commercial zone of two or more

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