조례의 위법성 판단기준에 관한 연구 - 일본 徳島市公安条例사건 이후의 판례분석과 그 시사점을 중심으로 -

I examined the illegality judgment method about the municipal ordinance in Japan in this article part Ⅱ. The tendency that what I can know through the examination of such a precedent is at first　 going to expand the range of the municipal ordinance legislative power right through flexible interpretation in Japan.　and, In the next. The court　is recognizes effectiveness for the additional municipal ordinance and excessive municipal ordinance Established without delegation of law, In the regulatory field. However, Among the precedents examined, As for two cases, the legality of the municipal ordinance was accepted. and three cases are the legality of the municipal ordinance was not accepted. If look like that, The decision of the court for the legality of the municipal ordinance in Japan seems to be very strict. However, is not necessarily so. Because In the case of Japan, it is all the municipal ordinance that were established about Limitation of rights and the Imposition of duty of inhabitants without delegation of law. However, as seen in the “Automobile rental business municipal ordinance of Jeju-do” invalidity confirmation request case, In the case of korea, The municipal ordinance that prescribed about Limitation of rights and the Imposition of duty without　delegation of law　deny the effect by a Local Government Act Article 22 proviso article. Therefore, it is thought that was withered as for the autonomous legislative power too much in comparison with Japan. If our Local Government Act Article 22 proviso article is alive, it is thought that there is no longer a place to stand as for the discussion of the additional municipal ordinance and excessive municipal ordinance unlike Japan in the field of various regulation.