The legality of municipal ordinances related to the installation and management of political party banners

The Constitution guarantees comprehensive autonomy for local governments, which includes the assurance of autonomous affairs. However, this constitutional value of guaranteeing autonomous affairs is often threatened by the distribution and management of duties centered around state affairs. In 2022, the National Assembly amended the “ACT ON THE MANAGEMENT OF OUTDOOR ADVERTISEMENTS AND PROMOTION OF OUTDOOR ADVERTISEMENT INDUSTRY” exempting regulations on party banners. If this amendment intends to separate the affairs related to the installation and management of party banners from the installation and management of the other outdoor advertisements, which fall under autonomous affairs, and classify them as state affairs, it becomes an example of threatening the guarantee of autonomous affairs. This study aims to review the classification system of affairs under LOCAL AUTONOMY ACT by analyzing a Supreme Court ruling that has highlighted this issue and to emphasize the importance of guaranteeing autonomous affairs. It is neither difficult to establish special provisions that limit the scope or effectiveness of autonomous affairs through legal amendments, nor is it impossible to strip autonomous affairs and convert them into state affairs. In such a situation where there is a threat to autonomous affairs, when amending laws related to autonomous affairs, it is necessary to ensure that the nature of autonomous affairs is maintained, and the interpretation of such amended laws should also aim to preserve the nature of autonomous affairs as much as possible.