A Constitutional Review of the special Law for Administrative Capital Construction
The Roh Moo-hyun government, established after 2002 presidential election, legislated 'special law for admistrative capital construction' on the 29th of December in 2003 to solve congestion problem of metropolitan area of Seoul and achieve regional balanced development. The Roh government believed that population, industries, and political power has been severely concentratedon Metropolitan area of Seoul, national competitiveness has declined very seriously. To solve the abovementioned problems, the Roh government determined to construct administrative Capital in Chungchong Area. 'special law for admistrative capital construction''was designed and passed in National Assembly. But, 'A Procurator of constitutional petition for unconstitutionality of capital transfer' filed a suit on this 'special law'with constitutional petition for halting the activity of 'admistrative capital construction comittee'to constitutional court. So, constitutionality of construction of new administrative capital is supposed to be determined by constitutional court. 'A Procurator' are trying to halt the construction of new administrative capital and transfer of public organization with a logic that this process has been carried without people's consent and it could be unconstitutional, while they raise a question on the legal and administrative lawfulness, although construction of new administrative city is being done according to planned schedule.
This paper examines the necessity and major contents of 'special law', and studies the constitutional petition judging system on legislation of national assembly. Analysis on whether special law violates the constitution from the viewpoint of legal formalities and contents will be followed.