Abstract
This study is directed towards improving legislative governance between the legislator and by-law legislator(the statutes) by analysing law about walking safety and promotion of convenience and correspondent local by-laws.
For this purpose in Section I is presented the problem. In Section II investigates the current state of law and by-law, his contents and charters with regards to legal tradition and art. And in Section III focuses on the legislative governance evaluation between by-law and ordinance, to that includes whether the local by-law reflects that the ordinance imposes a duty to by-law and its legislator, whether the legislator has a awareness about legislative governance, whether the decree which attached to the ordinance is used well for legislative governance, and whether the common decrees between the Ministry of Security and Public Administration and the Ministry of Land, Infrastructure and Transport are suitable for legislative governance between the legislator and by-law legislator. In Section IV is suggested opinions writer's through the summary.
Through this study that is resulted: First, by-law legislator regulates not practical reality what the legislator demands to the by-laws. Second, in the Law about Walking Safety and Promotion of Convenience the legislator considers not legislative consideration to the by-law legislator. Third is, the legislator allows administrative legislation the exorbitant right for a delegated order. Forth, the legislator makes full use of Joint Ordinance, but the legislators of Joint Ordinance make sure of no legislative governance each other. This shows that there is a serious legislative governance problem between Joint Ordinance legislators. A 'Partition Wall' should be taken away by the legislation between the legislator and by-law legislator(the statutes).
For this purpose in Section I is presented the problem. In Section II investigates the current state of law and by-law, his contents and charters with regards to legal tradition and art. And in Section III focuses on the legislative governance evaluation between by-law and ordinance, to that includes whether the local by-law reflects that the ordinance imposes a duty to by-law and its legislator, whether the legislator has a awareness about legislative governance, whether the decree which attached to the ordinance is used well for legislative governance, and whether the common decrees between the Ministry of Security and Public Administration and the Ministry of Land, Infrastructure and Transport are suitable for legislative governance between the legislator and by-law legislator. In Section IV is suggested opinions writer's through the summary.
Through this study that is resulted: First, by-law legislator regulates not practical reality what the legislator demands to the by-laws. Second, in the Law about Walking Safety and Promotion of Convenience the legislator considers not legislative consideration to the by-law legislator. Third is, the legislator allows administrative legislation the exorbitant right for a delegated order. Forth, the legislator makes full use of Joint Ordinance, but the legislators of Joint Ordinance make sure of no legislative governance each other. This shows that there is a serious legislative governance problem between Joint Ordinance legislators. A 'Partition Wall' should be taken away by the legislation between the legislator and by-law legislator(the statutes).
| Translated title of the contribution | Legislative Governance Between By-Law And Ordinance For Daily Life Safety |
|---|---|
| Original language | Korean |
| Pages (from-to) | 95-123 |
| Number of pages | 29 |
| Journal | 지방자치법연구 |
| Volume | 14 |
| Issue number | 2 |
| DOIs | |
| State | Published - 2014 |