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TITLE Supreme Court Decision 2010Chu73 Decided November 14, 2013¡¼Revocation of Decision for Municipal Government Where Part of Saemangeum Seawall Belongs¡½ [full Text]
Summary
[1] Party who has a standing in a lawsuit to the Supreme Court regarding decision of a municipal government where the landfill belongs (head of municipal government)
[2] Whether the Minister of Security and Public Administration is obligated to hear the opinions of the relevant municipal assemblies, when s/he decides a municipal government where the landfill belongs (negative)
[3] Whether the Minister of Security and Public Administration can decide a municipal government where the landfill belongs regarding land as to which reclamation construction is not yet completed (negative)
[4] Where a single comprehensive plan exists for the whole reclamation project under which the project progresses by stages gradually for each project contents or district, factors to be considered in governance decision regarding the section of the area where reclamation has been completed
[5] Whether the customary law effect of the topographic map¡¯s sea demarcation line criterion as the basis of landfill governance decision is modified or limited by the revised Local Autonomy Act as of April 1, 2009 (affirmative), and the limit of the Minister of Security and Public Administration¡¯s discretion in deciding a municipal government where the landfill belongs
[6] The scope of the relevant interests to be considered in deciding a municipal government where the landfill belongs
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