This study performed a comprehensive analysis of theories presented by domestic and foreign scholars on the basis of literature in books, theses, and academic journals in order to make theoretical consideration of researches on judicial protection of local governments.
This study consists of 5 chapters in total.
Chapter 1 sets up the purpose and scope of this research.
Chapter 2 deals with the essence of rights to local autonomy, the meanings of constitutional guarantee of the local administrative system, and the bases and necessity of judicial protection of local governments before making a specific discussion.
Chapter 3 examines the specific contents of each judicial measure of remedy against infringement of the rights to local autonomy.
Chapter 4 examines methods of establishing for each type of judicial measure of remedy against infringement of the rights to local autonomy on the basis of Chapter 3.
Lastly, Chapter 5, as a conclusion, summarizes this study.
This study examined details and limitations of adjudication on constitutionality of law, constitutional appeals, adjudication on competence disputes, agency litigation and appeal litigation as types of remedy against unconstitutional and illegal infringement of the rights to autonomy for local goverments and reviewed possibility of appeal litigation as comprehensive judicial measure of remedy against infringement of the rights to autonomy for local goverments.
An attempt was also made to make a scheme to resolve legal confusions, such as the problem of constitutional and legal authority and that of jurisdictional conflict and competition, by separating a constitutional appeal from administrative litigation. In addition, a plan was made to define the relations between adjudication on competence disputes and agency litigation, the relations between constitutional appeals and adjudication on competence disputes, which could be problematic when a local government is permitted to raise constitutional appeals and appeal litigation, the relations between adjudication on competence disputes and appeal litigation, and the relations between constitutional appeals and appeal litigation.