재정지원조례 입법에 관한 소고 ― 지방재정법 제17조제1항제1호관련 대법원 판례 분석을 중심으로 ―

The core of local autonomy is affairs related to the welfare of residents. The ordinance on financial support for the welfare of residents, which is the core of local autonomy, must not violate the provisions of Article 17 of the Local Finance Act limiting donations to individuals or organizations. Supreme Court precedents related to financial support ordinances were reviewed as a whole. The Supreme Court’s argumentation structure ① first reviews whether it meets the purpose of Article 17 of the Local Finance Act, ② then, in relation to Article 17 Paragraph 1 Subparagraph 1 ‘if there is a basis in the law’ After reviewing whether there is a business basis in Article 13 of the Local Autonomy Act, ③ whether there is a basis for support in each individual law is reviewed. ④ Subsequently, it is reviewed whether ‘it is a project recommended by local governments’ in Article 17, Paragraph 1, Subparagraph 4 of the Local Finance Act, and ⑤ lastly, whether there are prohibitive provisions in individual laws is reviewed. The Supreme Court's argumentation structure can serve as a reference for the enactment of the financial support ordinance and response to lawsuits. In addition, an ordinance on financial support for education autonomy has recently been enacted. It should be considered that although education and academic affairs are carried out by metropolitan governments, the ordinance to support education and academic affairs is also possible by local governments. On the other hand, it was reviewed that it is not appropriate according to the abstract norms control principle and the rule of law principle to limit the subject matter of the trial of the institutional litigation to confirm the invalidation of the ordinance resolution to the requirements for reconsideration of the draft ordinance or to the requirements for reconsideration. In addition, it pointed out the problem that the Ministry of Government Legislation's statutory interpretation and self-governing statutes presenting opinions were limited to cases where there was an explicit basis for support in the local finance law, Article 17 (1) 1 of the Local Finance Act, and proposed financial support ordinance and local government Referring to the Supreme Court's method of arguing the relationship with Article 17 of the Finance Act step by step, it was suggested that it is necessary to operate in the direction of expanding the right to enact ordinances.