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홈 연구발간물 연구보고서

연구보고서

정책연구제주가안고있는문제나 국내외 여건변화등으로 예상되는 문제에 미리 대응함으로써 제주발전에기여하고연구결과의실현성을 제고합니다.

제주의 미래를 바라보는 현안연구

도민사회에 대두되고 있는 이슈 등 현안과제를 연구하여 도민사회에 지적논의의 장을 마련함으로써 도민공감대 형성 및 바람직한 해결방안을 모색하고자 합니다.

트위터 페이스북
제주특별자치도 기본방향 및 실천전략
  • 연구책임

    양덕순

    발 행 일

    2004-11-04
  • 연구보고서파일

    제주특별자치도 기본 방향 및 실천전략 최종보고서.pdf (1,676.53 KByte)

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  • 목     차

    <목 차>
    제 1 부 연구 개요 ·············································1

    제1장 연구배경 및 목적 ·····················································3
    제1절 연구배경 ···················································································3
    제2절 연구목적 ···················································································4

    제2장 연구 범위 및 방법 ···················································5
    제1절 연구 범위 ·················································································5
    1. 시간적 범위 ··························································································5
    2. 공간적 범위 ··························································································5
    3. 내용적 범위 ··························································································5
    가. ‘제주특별자치도’의 기본방향 ·································································5
    나. ‘제주특별자치도’의 실천전략 ·································································5
    제2절 연구 방법 ·················································································6

    제 2 부 기본구상 ···············································7

    제1장 현황 및 여건분석 ·····················································9
    제1절 현황분석 ···················································································9
    1. 일반현황 ································································································9
    가. 위치 ·············································································································9
    나. 인구 및 면적 ·····························································································9
    다. 경제규모 ···································································································11
    라. 경제활동 ···································································································12
    2. 행정현황 ······························································································14
    가. 계층구조 ···································································································14
    나. 공무원 수 ·································································································14
    다. 관공서 및 주요기관 ···············································································15
    라. 지방의회 구성 ·························································································17
    3. 재정 및 예산현황 ··············································································17
    가. 총계 예산규모 ·························································································17
    나. 세입예산 ···································································································18
    다. 세출예산 ···································································································21
    라. 재정자립도 ·······························································································22
    마. 보통교부세 ·······························································································23
    바. 지방양여금 ·······························································································23
    4. 사무배분 현황 ····················································································24

    제2절 여건분석 ·················································································26
    1. 강점(Strength) ···················································································26
    2. 약점(Weakness) ·················································································26
    3. 기회요인(Opportunity) ·····································································26
    4. 위협요인(Threat) ···············································································26

    제2장 외국의 사례고찰 ·····················································29

    제1절 미국의 사례 ···········································································29
    1. 자치입법권 ··························································································29
    가. 주의 권한 ·································································································29
    1. 지방정부와의 관계 ·················································································30
    2. 조직과 인사권의 범위 ······································································31
    3. 재정권 ··································································································31
    4. 사무범위 ······························································································32
    가. 헌법상의 연방정부와 주정부의 한계와 의무 ···································32
    나. 정부단위의 기능분담 ·············································································32
    다. 지방자치단체간 기능분담 ·····································································33
    5. 자치경찰제의 운영실태 ····································································34
    가. 주경찰 ·······································································································34
    나. 지방경찰 ···································································································34
    6. 교육자치제의 운영실태 ····································································35
    가. 학교구 ·······································································································36
    나. 학교구 운영 ·····························································································36
    7. 지방의회의 권한과 역할 ··································································38
    가. 주의회의 구성과 기능 ···········································································38
    나. 주의회의 역할 ·························································································39
    8. 주민참여제도의 운영실태 ································································40
    가. 주민발안권(Initiative) ············································································40
    나. 주민투표(Referendum) ··········································································41
    다. 주민소환제 ·······························································································42

    제2절 영국의 사례 ···········································································43
    1. 조직과 인사권의 범위 ······································································43
    가. GLA를 제외한 지방자치단체 ······························································43
    나. GLA의 조직과 인사권 ··········································································43
    2. 재정권 ··································································································44
    가. 중앙정부의 세입지원 ·············································································44
    나. 자체 재원 ·································································································44
    3. 사무범위 ······························································································45
    가. 배분방식 ···································································································45
    나. 사무배분 ···································································································45
    4. 자치경찰제의 운영실태 ····································································46
    5. 교육자치제의 운영실태 ····································································46
    6. 지방의회의 권한과 역할 ··································································47
    가. 의회 구성 ·································································································47
    나. 위원회 ·······································································································47
    다. 지방의회의 불완전한 자율성(Partial Autonomy) ···························48
    7. 주민참여제도의 운영실태 ································································48
    가. 주민투표(Referendum) ··········································································49
    나. 의견수렴의 의무(Duty to Consult) ····················································49
    다. 회계거부권(The Right to Challenge a Council’s Accounts) ··········49
    라. 소원(Statutory Appeal) ········································································49
    마. 정보 제공 ·································································································49
    바. 시민헌장 ···································································································50
    사. 자문․의견 청취 ·····················································································50
    아. 불만사항 처리절차 ·················································································50

    제3절 홍콩의 사례 ···········································································51
    1. 자치입법권 ··························································································51
    2. 조직과 인사권의 범위 ······································································51
    가. 행정장관의 임명 ·····················································································51
    나. 주요 공무원 임명 ···················································································52
    3. 재정권 ··································································································52
    4. 사무범위 ······························································································52
    5. 자치경찰제의 운영실태 ····································································53
    6. 교육자치제의 운영실태 ····································································54
    7. 지방의회의 권한과 역할 ··································································54

    제3장 기본구상 ···································································55

    제1절 비전과 목표 ···········································································55

    제2절 개념 및 모형 설정 ·······························································56

    제3절 기본방향 ·················································································61
    1. 접근구도 ······························································································61
    2. 추진배경과 여건분석 ········································································63
    가. 추진배경 ···································································································63
    나. 여건분석 ···································································································66
    3. 주요 추진내용 ····················································································69
    가. 지방분권의 특례 적용 ···········································································69
    나. 시범적 지방분권 선도 ···········································································70
    다. 지역역량 강화와 자치단체의 혁신제고 ·············································72

    제 3 부 부문별 실천전략 ······························73

    제1장 지방분권의 특례 적용 ··········································75

    제1절 실질적 자치입법권 확보 ·····················································75
    1. 기본방향 ······························································································75
    가. 현행 운영실태와 개혁방향 ···································································75
    나. 자치입법권 관련 법리상의 쟁점 분석 ···············································79
    2. 외국사례 고찰 ····················································································94
    가. 미국 ···········································································································94
    나. 독일 ···········································································································97
    다. 일본 ·········································································································100
    라. 외국사례의 분석 ···················································································103
    3. 자치입법권 확대 전략 ····································································105
    가. 특별자치도 자치입법 특례 규정 ·······················································105
    나. 특별자치도의 국가입법 참여 ·····························································114
    4. 자치입법권 범위확대 전제조건 ····················································116
    가. 특별자치도 조례의 법적 지위 재정립 ·············································116
    나. 중앙정부의 개별 법령제도 개선 추진 ·············································117
    다. 특별자치도의 자치입법 역량 강화 ···················································118

    제2절 자치조직권과 인사권 강화 ···············································119
    1. 기본방향 ····························································································119
    가. 자율적 통제 강화 ·················································································119
    나. 특별한 지위 확보 ·················································································119
    다. 자치단체의 자치역량 강화 ·································································119
    라. 국제자유도시의 목적지향적 권한 강화 ···········································120
    2. 국내․외 사례고찰 ··········································································120
    가. 한국지방자치학회의 「지방자치법」개정안 검토 ·························120
    나. OECD 선진국의 자치조직․인사권 개혁사례 ·······························122
    3. 자치조직권 및 인사권 강화 방안 ················································125
    가. 부지사의 수와 직급상의 특례 ···························································125
    나. 기구와 조직의 설치관련 특례 ···························································126
    다. 직속기구 등의 설치관련 특례 ···························································129
    라. 공무원의 직급체계상 특례 ·································································129
    마. 자치단체의 정원관련 특례 ·································································130
    바. 외국인 채용 및 개방형 임용상 특례 ···············································131
    사. 인사교류상 특례 ···················································································133
    아. 인사위원회의 위상 강화 및 독립 감사기구 신설 ·························135

    제3절 지방재정 확충 ·····································································138
    1. 기본방향 ····························································································138
    가. ‘분권재정특별자치단체’로서의 위상 확립 ·······································138
    나. 재정분권화를 위한 기본 원칙 ···························································141
    다. 공동체와 성과가치 절충을 위한 광역재정체계 구축 ···················143
    2. 재정의 현황과 쟁점 ········································································144
    가. 지방재정규모 총괄 ···············································································144
    나. 지방재정 분석지표를 통한 재정구조 비교 ·····································147
    다. 일반회계 세입 및 세출 특징 ·····························································150
    라. 종합 : 제주도 재정의 기본 특징과 과제 ········································152
    3. 지방재정 확충 방안 ········································································153
    가. 자주재원 확충 ·······················································································153
    나. 지방교부세제도의 특례 적용 ·····························································161
    다. 제주형 국고보조금 특례 : 성과계약 체계 ······································166
    4. 재정관리역량 강화 과제 ································································171
    가. 재정관리를 위한 내부시스템 구축 ···················································171
    나. 성과지향적 예산개혁과 통합성과관리 ·············································173
    다. 정책의 성과관리와 예산(재정)관리의 통합 ····································173

    제4절 기능 및 사무 이양 ·····························································175
    1. 국가와의 사무배분의 차별화 ························································175
    2. 중점이양 기능 ··················································································176
    가. 업무이양 노력 ·······················································································176
    나. 이양대상사무 검토 ···············································································177
    3. 제주특별자치도의 사무와 기능 ····················································178
    가. 지역개발에 관한 사무 ·········································································178
    나. 지역산업에 관한 사무 ·········································································179
    다. 토지이용에 관한 사무 ·········································································179
    라. 환경보전에 관한 사무 ·········································································179
    마. 교통에 관한 사무 ·················································································180
    바. 관광에 관한 사무 ·················································································180
    사. 제주특별자치도 이양사무 ···································································180
    4. 사무이양과 법제화 방법 ································································182
    가. 사무이양의 방법 ···················································································182
    나. 법제기술적인 접근방법 ·······································································183

    제2장 시범적 자치분권 선도 ········································185

    제1절 시범적 자치경찰제 도입 ···················································185
    1. 배경 ····································································································185
    가. ‘정부혁신지방분권위원회’ 검토내용 ·················································185
    나. 제주차원 접근 ·······················································································185
    2. 시범적 자치경찰제 도입방안 ························································186
    가. 기본구상 ·································································································186
    나. 사무배분 ·································································································192
    다. 조직 편성 ·······························································································194
    라. 인사관리 ·································································································206
    마. 소요재원 ·································································································210
    바. 운영관리 ·································································································215
    사. 국가경찰과 자치경찰의 관계 ·····························································216
    아. 자치경찰 상호간 관계 ·········································································222
    자. 법제화 ·····································································································223

    제2절 교육자치제의 시범적 개선 ···············································224
    1. 지방교육자치의 변천과정 ······························································224
    가. 발족기(1948.8.15~1961.5.15) ······························································224
    나. 5.16 군정시기(1961.5.16~1963.10.31) ···············································225
    다. 과도기(1963.11.1~1988.4.5) ································································225
    라. 재도입의 준비(1988.4.6~1991.3.7) ····················································225
    마. 재도입(1991.3.8~현재) ········································································226
    바. 논의의 종합 ···························································································226
    2. 현황 ····································································································227
    가. 시ㆍ도 단위의 광역 교육자치 실시 ·················································227
    나. 자치단체장의 추가재정부담에 의한 교육 투자 ·····························227
    다. 지역교육청 현황 ···················································································229
    3. 외국의 지방교육행정체제 고찰 ····················································230
    가. 미국 ·········································································································230
    나. 영국 ·········································································································231
    다. 일본 ·········································································································231
    4. 현행 교육자치제도의 문제점 ······················································232
    가. 일반행정체제와 연계의 미흡 ·····························································232
    나. 실질적인 주민자치 곤란 ·····································································232
    다. 획일적 지방교육행정 초래 ·································································232
    라. 학교자치 실현의 기반 미흡 ·······························································233
    5. 기본방향 ····························································································233
    6. 실천 방안 ··························································································234
    가. 기본전제 ·································································································234
    나. 국가ㆍ지방ㆍ단위학교간 기능 재배분 ·············································235
    다. 시ㆍ군 단위 지방교육행정 실시 ·······················································242
    라. 도 단위 지방교육행정제도 개선 ·····················································244
    7. 제주도교육위원회의 개선방안 ······················································247
    가. 현황 ·········································································································247
    나. 현행 제도의 문제점 ·············································································249
    다. 교육위원회 제도 개선 ·········································································252
    8. 제주도교육감 선출제도의 개선방안 ··········································256
    가. 시ㆍ도교육감 제도 변천 과정 ···························································256
    나. 현황(’00.1.28 개정 「지방교육자치에관한법률」) ·······················256
    다. 문제점 ·····································································································258
    라. 교육감 선임방식 개선 방안 ·······························································260

    제3절 특별지방행정기관의 통합․정비 ·····································262
    1. 정비 필요성 ······················································································262
    가. 추진 근거 ·······························································································262
    나. 필요성 ·····································································································262
    2. 추진경위 ····························································································265
    가. 「국민의 정부」: 1997~2002 ····························································265
    나. 「참여정부」: 2002~ ··········································································265
    다. 「제주도」: 1992~2002 ······································································265
    3. 특별지방행정기관 현황 ································································266
    가. 우리나라 현황 ·······················································································266
    나. 제주지역 현황 ·····················································································266
    4. 정비기준 ····························································································269
    가. 중앙정부의 특별행정기관 정비 ·························································269
    나. 제주도내 특별행정기관 정비 ·····························································271
    5. 정비방안 ····························································································276
    가. 완전히 자치단체로 위임하는 특별행정기관 대상 ·························276
    나. 국가와 지역의 기관과 공동으로 운영하는 방안 ···························280
    다. 특별행정기관의 통합화 ·······································································281
    6. 재원 확보 ··························································································281

    제3장 지역역량 강화와 혁신 도모 ······························283

    제1절 제주형 자치계층제 모색 ···················································283
    1. 기본방향과 논리적 구조 ································································283
    가. 기본방향 ·································································································283
    나. 개편방안의 논리적 구조 ·····································································284
    2. 대안(Ⅰ) : 점진적 대안 ··································································286
    가. 개요 ·········································································································286
    나. 대안의 도출논거 ···················································································286
    다. 행정구조의 모형 ···················································································287
    3. 대안(Ⅱ) : 혁신적 대안 ··································································288
    가. 개요 ·········································································································288
    나. 대안의 도출논거 ···················································································288
    다. 행정구조의 모형 ···················································································289
    라. 최적대안인 광역체제의 하부 행정구조 ···········································293

    제2절 지방의회 의정활동 강화 ···················································294
    1. 현황 및 문제점 ················································································294
    가. 의회자율성의 제한 ···············································································294
    나. 의회(의원)의 전문성과 책임성 미약 ················································294
    다. 지방의정 활동기반의 취약 ·································································294
    2. 기본방향 ····························································································294
    가. 지방자치단체의 자율적 선택과 정치적 책임 확보 ·······················295
    나. 국제자유도시 추진 주체로서의 지방의원 ·······································295
    다. 특별자치도의 지방의원 ·······································································295
    라. 지방자치단체 기관 상호간의 견제와 균형 도모 ···························295
    3. 지방의정 활동기반 강화를 위한 과제 ········································296
    가. 지방의원 지급경비 자율화 ·································································296
    나. 지방의회 회기 자율화 ·········································································300
    다. 지방의회 전문성 강화 방안 ·······························································301
    라. 지방의회 직원 인사권 강화 ·······························································303
    마. 지방의원 보좌기능 강화 방안 ···························································306
    바. 의정연수기능 강화 방안 ·····································································308
    사. 기타 주요 권한의 부여 ·······································································309

    제3절 도민주도적 참여자치 실현 ···············································310
    1. 주민투표제 특례 도입 ····································································310
    가. 「주민투표법」 관련 현황과 주요내용 ···········································310
    나. 사례 검토 : 스위스의 사례 ································································311
    다. 현행 주민투표제도의 문제점 ·····························································315
    라. 주민투표제도 강화방안 ·······································································317
    2. 주민소환제의 도입 ··········································································320
    가. 필요성과 의의 ·······················································································320
    나. 외국의 사례고찰 ···················································································321
    다. 주민소환제도 도입방안 ·······································································323
    3. 주민발안제의 개선 ··········································································325
    가. 현황 및 문제점 ·····················································································325
    나. 개선방안 ·································································································326
    4. 일상적 주민참여제도의 확대 ························································326
    가. 주민참여예산제의 도입 ·······································································326
    나. 주민감사청구제도 개선 ·······································································331
    다. 주민소송제의 특례 도입 ·····································································333
    라. 각종 위원회 설치․운영의 분권화와 민주적 개선 ·······················337

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