委任條例 위주의 條例立法 극복방안

• 영문명: Critical Analysis of the Current Municipal Rule Making
• 발행기관: 한국지방자치법학회
• 저자명: 조정찬(Cho Jeong Chan)
• 간행물 정보: 『지방자치법연구』4권 2호, 33~47쪽, 전체 15쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2004.12.30

영문 초록

Many laws in Korea have delegation clauses that allow local governments to make municipal ordinances within some extents. Recently, more laws have these clauses specifically even concerning the autonomous affairs of local governments. This tendency was originated from the notion that Article 15 of the Local Autonomy Act ( if local governments determine matters concerning the restriction on rights of residents, the imposition of obligation on residents, or penal provisions, they shall have the authority delegated by the Acts ) should be followed strictly and that local rule-making power should be reinforced simultaneously. In many cases, central government agency provides standard municipal ordinance as a model rule in the area that local government has the delegated power by law. Therefore, the current structure of legal power delegation does not help expanding power of local rule making. In my opinion, it would be more effective if we have direct and specific rules in laws rather than make useless delegation clauses in law in the area of local autonomy. In addition, I hereby suggest amendment of Article 15 of the Local Autonomy Act that local governments can make ordinances even regarding rights and obligations of local residents. We should consider amending relevant Constitutional clause(Article 117) In the meantime, the central government should provide multiple standard ordinances so that local authorities can reflect distinguishing characters and situations of their own.

목차

I. 서언

II. 위임조례의 개념 및 필요성

III. 위임조례의 법적 성격

IV. 법률에서 조례에 위임한 실제 사례

V. 위임조례 운영상의 문제점 및 개선방안

키워드

지방자치법 자치입법원 위임조례 직권조례 포괄적 위임 표준조례 Local Autonomy Act standard municipal ordinance local rule making model rule municipal ordinances