[정책 연구과제] 수원시의회 기본조례 제정에 관한 연구
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부서 | 인문사회연구부 |
---|---|
연구책임 | 이영안 |
연구진 | 김일한, 최위정, 김은경 |
보고서 번호 | SRI-정책-2016-01 |
연구요약 | 정책과제 |
발행일 | 2016-07-31 |
[목차]
제1장·서 론······································································1
제1절 연구배경 및 목적 ························································1
1. 본 절의 개요 ·····························································1
2. 연구배경 ·································································1
3. 연구목적 ·································································2
제2절 연구범위 및 방법 ························································3
1. 본 절의 개요 ·····························································3
2. 연구범위 ·································································3
3. 연구방법 ·································································4
제3절 연구개요 및 절차 ························································5
1. 본 절의 개요 ·····························································5
2. 연구개요 ·································································5
3. 연구절차 ·································································7
제2장·수원시의회 기본조례 제정 관련 이론·······································9
제1절 수원시의회 기본조례의 의의 ···············································9
1. 본 절의 개요 ·····························································9
2. 최대강령 ·································································9
3. 최소강령 ································································10
4. 이행강령 ································································11
제2절 수원시의회 기본조례의 특징 ··············································12
1. 본 절의 개요 ····························································12
2. 기본조례의 정의 ·························································12
3. 기본조례의 지위 ·························································14
4. 기본조례의 성격 ·························································15
5. 기본조례의 효력 ·························································16
제3절 수원시의회 기본조례의 원칙 ··············································18
1. 본 절의 개요 ····························································18
2. 소관사무의 원칙 ·························································18
3. ‘법령의 범위 안에서’의 원칙 ···············································19
4. 법의 일반원칙 ···························································20
5. 법률유보의 원칙 ·························································22
6. 집행기관과 의결기관 간 견제와 균형의 원칙 ·································23
제4절 수원시의회 기본조례의 구조 ··············································24
1. 본 절의 개요 ····························································24
2. 전문규정 ································································24
3. 총칙규정 ································································25
4. 본칙규정 ································································26
5. 부칙규정 ································································26
제3장·수원시의회 기본조례 제정 관련 사례·····································27
제1절 국내 지방의회 기본조례 사례 ·············································27
1. 본 절의 개요 ····························································27
2. 국내 지방의회 기본조례의 조문 구성 개관 ···································27
3. 「서울특별시의회 기본조례」의 조문 구성 ·····································29
4. 「충청남도의회 기본조례」의 조문 구성 ······································30
5. 「광주광역시의회 기본조례」의 조문 구성 ·····································31
6. 「경기도의회 기본조례」의 조문 구성 ········································32
7. 「전라북도의회 기본조례」의 조문 구성 ······································33
8. 「부천시의회 기본조례」의 조문 구성 ········································34
9. 「서울특별시 강동구의회 기본조례」의 조문 구성 ······························35
제2절 국외 지방의회 기본조례 사례 ·············································36
1. 본 절의 개요 ····························································36
2. 일본 지방의회 기본조례 사례 ··············································36
3. 미국 지방의회 기본조례 사례 ··············································42
4. 영국 지방의회 기본조례 사례 ··············································45
제4장·수원시의회 자치법규 사례················································49
제1절. 수원시의회 일반조례 ····················································49
1. 본 절의 개요 ····························································49
2. 수원시의회 일반조례 현황 ·················································49
3. 수원시의회 의원 연구활동 지원 조례 ·······································50
4. 수원시의회 정례회 및 임시회 회기 운영 조례 ································51
5. 수원시의회 행정사무감사 및 조사에 관한 조례 ·······························51
6. 수원시의회 의원 의정활동비 등 지급에 관한 조례 ····························52
7. 수원시의회 위원회 및 교섭단체 구성과 운영에 관한 조례 ·····················53
8. 수원시의회 포상 조례 ·····················································53
9. 수원시의회에 출석·답변할 수 있는 관계 공무원의 범위에 관한 조례 ············54
10. 수원시의회 의원 상해 등 보상금 지급에 관한 조례 ··························54
11. 수원시의회 의원 행동강령에 관한 조례 ····································55
12. 수원시의회 공인 조례 ····················································55
13. 수원시의회 국제친선협의회 설치 조례 ·····································56
14. 수원시의회 법률고문 운영 조례 ···········································56
15. 수원시의회 의원 윤리강령 및 윤리실천규범 조례 ····························57
16. 수원시의회 의회장에 관한 조례 ···········································57
17. 수원시의회 사무국의 설치 및 사무직원의 정수 등에 관한 조례 ················58
제2절 수원시의회 규칙 및 규정 ·················································58
1. 본 절의 개요 ····························································58
2. 수원시의회 규칙 및 규정 현황 ·············································59
3. 수원시의회 회의 규칙 ·····················································60
제5장·수원시의회 기본조례(안) 작성············································63
제1절 수원시의회 기본조례(안)의 설계 원칙 ·····································63
1. 본 절의 개요 ····························································63
2. 지방의회 기본조례 설계의 기본 원칙 ·······································63
2. 지방의회 기본조례 설계의 기본 방안 ·······································64
3. 지방의회 기본조례 설계의 원칙과 방안의 조응 ·······························65
제2절 수원시의회 기본조례(안)의 목차 설계 ·····································66
1. 본 절의 개요 ····························································66
2. 국내 상위 법령과의 관계 ··················································67
3. 국내 동위 법령과의 관계 ··················································71
4. 국내 상위 및 동위 법령과의 관계 하의 「수원시의회 기본조례(안)」 목차 설계 ··· 79
제3절 수원시의회 기본조례(안)의 조문 설계 ·····································80
1. 본 절의 개요 ····························································80
2. 국내 상위 법령과의 관계 ··················································81
3. 수원시 동위 법령과의 관계 ················································82
4. 수원시 하위 법령과의 관계 ················································83
5. 수원 동위 및 하위 법령과의 관계 하의 「수원시의회 기본조례(안)」 조문 설계 ··· 85
제4절 수원시의회 기본조례(안)의 내용 작성 ·····································87
1. 본 절의 개요 ····························································87
2. 수원시의회 기본조례(안)의 내용 ···········································87
제6장·결론: 수원시의회 기본조례···············································89
참고문헌······································································101
부록···········································································103
부록 1: 수원시의회 일반조례, 규칙 및 규정 ·····································103
부록 2: 국내 지방의회 기본조례 ···············································140
부록 3: 국외 지방의회 기본조례 ···············································182