제주연구원

<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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