물이용부담금에 관한 입법적 검토

다국어 초록 (Multilingual Abstract)

Framework act on the management of charges says “the entity imposing or collecting charges, purposes of establishing charges, requirement for imposition, standards of methods for calculation or imposition rates shall be prescribed in a concrete and clear manner in Acts which serve as a basis for imposing charges: Provided, that details of requirements for imposition may be determined by Presidential Decree, Ordinance of the Prime Minister, Ordinance, Municipal Ordinance or regulations, as delegated by the relevant Acts after concretely determining their scope.”
However it seems that a real standard to decide a validity of the charges depends on a judgement of the court. As it needs to make more sentences as standards of the charges concretely in Framework act on the management of charge, it is possible to review a validity of the surcharge on water use by a judgement of the court.
The surcharge on water use is allowed as the requirement of charges: it has enough objectives of establishing to preserve the water quality in Han River water system to support the improving water quality project, the supporting the upper citizens, etc. And it has also an resonable rate to decide investment for the projects. Finally it has a legitimacy that it has been used to improve water quality and it returns the benefit to a payer.

목차 (Table of Contents)

• Ⅰ. 서설
• Ⅱ. 부담금제도에 관한 헌법재판소의 판단기준
• Ⅲ. 부담금제도의 법적 기준
• Ⅳ. 물이용부담금의 법적 검토
• Ⅴ. 결론
• 참고문헌
• Abstract