條例制定權의 限界에 관한 硏究 = A Study on the Limits of the Legislative Power of Byelaw excercised by Logal Self-governing Bodies

다국어 초록 (Multilingual Abstract)

The purpose of this sutdy is to identify the conecpt and the limits of the legislative power of byelaws exercised by local self - governing bodies. Bylaws have very important meaning in the daministrative state. According to this, It is very expedient to identify the concept of byelaw, to make certain the original status of it in the legal system framework of a nation and the change of its status under the principle of law-governed administration in the present age.
On the other hand, it is also of use to consider as to the legal ground of the legislative power of byelaws and its categorial and legal limits from reviewing the words of constitution and the provisions concerned of the Local Government Act.
In the first place, let's consider the categorial limit of the legislative power of byelaws. The scope of local affairs which shall be regulated by the legislative power of local self governing bodies are enlarged more and more in many countries, conforming to the constitutional need of present time.
And, with a view to promote the guarantee of fundamental human rights and local autonomy, it is recognized that the scope of national affairs should be limited.
Furthermore, we must established the system of coorporation and mutual assitance between acts of parliament and byelaws. To return to the topic, byelaws have a certain legal limits, for it is a part of the legal system or framework of a nation. In order to omake certain the legal limit of it, it is useful for us to review the constitutional principle of 'rule of law' and the classical theory as to the relation between acts of parliament and byelaws, that is, the doctrine of absolute unlimited legislative control.
There are various opinions about the relation of them and we can find the doctrine of absolute unlimited legislative control has its foundation that the national interest is superior to that of local self- governing body. But it seems tone that this point of view should he overcome since it is is an anachronistical way of thinking.
Being over against this, a new point of view becomes a prominent figure in 1970s, which is called the constitutional point of view. The constitutional point of view has its grounds on the constitutional gurantee for the independent powers and sbsolute rights of local autonomy.
According to this point of vew, when acts of parliament infringe the constitutional rights and powers of local self-governing bodies, the acts will be the unaconsitutional ones.
Nowadays, rapid urvanization and industrialization has caused a universal thendancy of reappraining the question of local autonomy, even though the aspects differ with countries.
On reflection, in Korea, the first Local Government Act was enacted in 1949 but the local assemblies, based upon the Act 1949, has disorganzed in 1961. However, in accordance with the whole amendment of the Local Government Act in 1988, local autonomy have met a new turning point and byelaws became to have its own substance. Henceforth our scientifical and practical efforts are consistantly needed to meet the manifold administrative demands of residenzs and to activate local autonomy.
The contents of this treatise are composed as follows ;
Ⅰ. Introduction
Ⅱ. The concept of byelaw and its status in legal framework of a nation
Ⅲ. The legal ground of the legislative power of byelaw
Ⅳ. The Limits of the legislative power of byelaw
Ⅴ. The relation between constitution and byelaw
Ⅵ. The relation between act of parliament and byelaw
Ⅶ. Conclusion

목차 (Table of Contents)

• Ⅰ.序論
• Ⅱ.條例의 意義 및 法體系上의 池位
• 1.條例의 意義
• 2.條例의 法澧系上의 地位
• 3.現代的 法治行政과 條例
• Ⅲ.條例制定權의 根據
• Ⅳ.條例制定權의 限界
• 1.事項的 限界
• 2.法的 限界
• Ⅴ.憲法과 條例와의 關係
• 1.基本的 人權과 條例
• 2.財産權保障과 條側
• 3.罪刑注定主義와 條例
• 4.租稅法律主義와 條例
• Ⅵ.法律과 條例와의 關係
• 1.法律先占論
• 2.憲法論의 登場
• 3.法律先占論의 修正
• 4.結
• Ⅶ.結論