지방자치법의 이해

chapter 1 지방자치제도 개관
Ⅰ. 국가행정조직법 ························································································ 15
Ⅱ. 지방자치행정과 국가중앙행정의 관계 ····················································· 17
Ⅲ. 지방자치의 정의 ······················································································· 19
Ⅳ. 지방자치의 개념요소 ················································································ 23
Ⅴ. 지방자치의 구성요소(형태) ······································································ 28
Ⅵ. 지방자치의 존재의의 및 기능 ··································································· 37
chapter 2 지방자치법
Ⅰ. 지방자치법의 개념 ··················································································· 41
1. 실질적 의미 ·························································································· 41
2. 형식적 의미 ·························································································· 41
Ⅱ. 헌법 및 행정법과 지방자치법의 관계 ······················································· 42
1. 개설 ······································································································ 42
2. 헌법상 지방자치의 기본원리 ································································ 43
3. 행정법과의 관계 ··················································································· 45
chapter 3 지방자치(제도)의 헌법상 보장
Ⅰ. 제도보장의 의의 ······················································································· 47
1. 헌법상 지방자치제도 ··········································································· 47
2. 기본권이 아니라 객관적 제도로 보장 ·················································· 49
Ⅱ. 제도보장의 내용 ······················································································· 51
1. 개설 ······································································································ 51
2. 지방자치단체의 존립의 보장 ······························································ 52
3. 지방자치단체의 사무 및 기능(권한)의 보장 ······································· 53
4. 주관적 법적 지위의 보장 ······································································ 55
chapter 4 지방자치단체
Ⅰ. 의의 ········································································································· 63
Ⅱ. 법적 지위 ․ 성격 ························································································ 64
Ⅲ. 기본권 주체성 ··························································································· 66
Ⅳ. 종류 ·········································································································· 68
Ⅴ. 기초자치단체와 광역자치단체 ································································· 71
chapter 5 지방자치단체의 성립
Ⅰ. 지방자치단체의 구역 ················································································ 75
1. 의의 ······································································································ 75
2. 구역의 범위의 설정 ·············································································· 76
Ⅱ. 지방자치단체의 주민 ·············································································· 107
1. 주민의 개념 ························································································ 107
2. 주민의 권리 ························································································ 110
3. 행정에 대한 통제 및 감시의 권리 ······················································· 139
Ⅲ. 주민의 의무 ···························································································· 167
1. 개념 ··································································································· 167
2. 비용분담의 의무 ················································································· 167
3. 노역 및 물품제공의무 ········································································ 169
4. 이용강제 ․ 이용제공강제 의무 ···························································· 169
5. 기타 ··································································································· 172
chapter 6 지방자치단체의 사무
Ⅰ. 개설 ········································································································ 173
1. 사무의 구분론 ···················································································· 173
2. 자치사무와 위임사무의 구별 ······························································ 174
Ⅱ. 자치사무(고유사무) ················································································ 176
1. 의의 ·································································································· 176
2. 종류 ···································································································· 178
3. 법률관계 / 법적 특징 ········································································· 180
4. 판례 ···································································································· 183
Ⅲ. 위임사무 (단체위임사무) ······································································· 184
1. 의의 ···································································································· 184
2. 법적 성질 ···························································································· 186
3. 특징(자치사무와의 관계) ··································································· 187
4. 법률관계 ····························································································· 188
5. 종류 ···································································································· 194
Ⅳ. 기관위임사무 ·························································································· 196
1. 의의 ···································································································· 196
2. 특징 ···································································································· 200
3. 법률관계 ····························································································· 203
4. 종류 ···································································································· 209
chapter 7 지방자치단체의 권능(권한)
Ⅰ. 의의 ········································································································ 211
Ⅱ. 자치권의 본질 ························································································· 212
1. 고유권설 ···························································································· 212
2. 수탁권설 ···························································································· 213
3. 전래권설(자치위임설) ········································································ 213
4. 결어 : 제도적 보장설 ·········································································· 214
Ⅲ. 자치입법권 ····························································································· 216
1. 조 례 ··································································································· 217
2. 규칙 ···································································································· 254
Ⅳ. 자치조직권 ····························································································· 257
Ⅴ. 자치행정권 ····························································································· 258
Ⅵ. 자치재정권 ····························································································· 259
1. 의의 ···································································································· 259
2. 지방자치단체의 수입 ·········································································· 260
3. 자주재정의 확보 ················································································ 266
chapter 8 지방자치단체의 기관
Ⅰ. 의의 ········································································································ 269
Ⅱ. 地方議會 ································································································· 273
1. 개설 ···································································································· 273
2. 법적지위 ····························································································· 273
3. 權限 ···································································································· 279
Ⅲ. 지방자치단체의 장 ················································································· 287
1. 법적지위 ····························································································· 287
2. 권한 ···································································································· 291
Ⅳ. 지방의회와 지방자치단체의 장의 관계 ·················································· 310
1. 상호독립 ····························································································· 311
2. 상호협력 ····························································································· 311
3. 상호견제 ····························································································· 312
Ⅴ. 지방의회와 지방자치단체의 장의 관계에 대한 제언 ······························ 322
chapter 9 지방자치단체에 대한 국가의 관여 (국가와 지방자치단체의 관계)
Ⅰ. 기본관계 ································································································· 325
Ⅱ. 행정적 관여수단 ····················································································· 328
1. 모든 사무유형에 대해 인정되는 수단 ················································· 329
2. 자치사무에 대해 인정되는 수단 ························································· 351
3. 기관위임사무에 대해 인정되는 수단 ·················································· 355
Ⅲ. 입법적 관여수단 ····················································································· 364
Ⅳ. 사법적 관여수단 ····················································································· 365
1. 행정심판 ····························································································· 365
2. 행정소송 ····························································································· 368
부록
▪지방자치법[시행 2017. 7. 26] [법률 제14839호, 2017. 7. 26, 타법개정] ·· 373
▪정부 제출(2019. 3. 29) 지방자치법 전부개정 법률안 내용 검토 ·············· 426
▪지방자치법(2019-03-29 정부제안 지방자치법 전부개정법률안 전문) ······ 431

지방자치제도라 함은 일정한 지역에서 그 지역의 주민이 주민의 복리에 관한 사무, 재산관리에 관한 사무 등을 그들 자신의 책임으로 자신들이 선출한 기관을 통하여 직접 처리하게 함으로써 지방자치행정의 민주성과 능률성을 제고하고 지방의 균형있는 발전과 아울러 국가의 민주적 발전을 도모하는 제도이다. 그것은 국민자치를 지방적 범위 내에서 실현하는 것이므로 지방행정에 직접적인 관심과 이해관계가 있는 지방주민이 그것의 처리에 참여한다면 자연히 민주주의가 육성, 발전될 수 있다는 “풀뿌리 민주주의”를 이념적 배경으로 하는 것이다.
지방자치는 민주주의와 정치적 다원주의를 전제로 지방의 공동 관심사를 자율적으로 해결하고 주민의 자치역량을 배양하여 국민주권주의와 자유민주주의라는 헌법이념을 실현하는 제도이며, 이러한 지방자치의 헌법적 보장은 국민주권의 기본원리에서 출발하여 주권의 지역적 주체인 주민에 의하여 자기통치를 실현하는 것이다.