신행정수도후속대책특별법의 위헌성 여부에 관한 연구
A Study On Constitutionality Of The Second Capital Relocation Act

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서울대학교 법학연구소
법학, Vol.46 No3 pp.201-226
제2의 행정도시특별법관습법헌법재판소결정의 기속력우리나라의 수도인 서울의 문제
The capital relocation legislation enacted with a simple majority vote by the
National Assembly in January 2004 was declared as unconstitutional by the
Constitutional Court in October 2004 on the ground of its having violated the
unwritten(“customary constitutional law”) part on the nation's capital of the
Constitution which required an amendment to relocate capital as interpreted by
the Court. Another, albeit a little down sized, capital relocation legislation(called
Special Act for the Construction of Administrative Complex Town as Follow-Up
Measures for Capital Relocation) was enacted equally with a simple majority
vote by the National Assembly in March 2005 only in the space of three or
four months following the decision of the Constitutional Court in which the first
capital relocation legislation was held unconstitutional. The second legislation
retains almost all the provisions of the first legislation intact with few changes
including President and 6 designated ministries being exempted from relocation
and with addition of a few supplementary provisions. Upon constitutional
complaint, this second legislation was also put to constitutional scrutiny by the
Constitutional Court recently.
A study is conducted on the constitutionality of the second legislation. As a
result, an argument is made here to suggest that the second legislation is also
unconstitutional on the following four grounds. Firstly, the second legislation in
its contents is substantially identical to the first legislation that was held
unconstitutional in that it purports to relocate the substance of capital to the
particularly designated area that was already ascertained as the site for new...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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