법제처

과　　제　　명 : 북한법령용어사전2 개　　　　　요 : 북한법령용어사전2 발　주　기　관 : 법제처 담　당　부　서 : 법제정보담당관실 연구　수행기관 : 한국법제연구원 책임　　연구원 : 손희두 연　구　기　간 : 2003-03-01 ~ 2003-09-30 연　구　비　용 : 50,000,000원 제　　　목: 북한법령용어사전2 원　　　문: 북한법령용어사전2.pdf 목　　　차: ㄱ = 15 ㄴ = 47 ㄷ = 49 ㄹ = 51 ㅁ = 56 ㅂ = 60 ㅅ = 77 ㅇ = 99 ㅈ = ... 공　헌　자: 박정원 발행　년도: 2003 년 제　출　일: 2003-09-01

과　　제　　명 : 일본의 법령체계 와 입법절차상 법령심사기준에 관한 연구 개　　　　　요 : 일본의 법령체계 와 입법절차상 법령심사기준에 관한 연구 발　주　기　관 : 법제처 담　당　부　서 : 법제정보담당관실 연구　수행기관 : 한국법제연구원 책임　　연구원 : 김치환 연　구　기　간 : 2003-03-01 ~ 2003-09-30 연　구　비　용 : 60,000,000원 제　　　목: 일본의 법령체계 와 입법절차상 법령심사기준에 관한 연구 원　　　문: 일본의 법령체계 와 입법절차상 법령심사기준에 관한 연구.pdf 목　　　차: 제1장 서 론 = 11 제1절 연구의 목적 = 11 제2절 연구의 방향 = 13 제2장 일본의 법령체계 ... 공　헌　자: 박영도;김명용 발행　년도: 2003 년 제　출　일: 2003-09-30

과　　제　　명 : 지방분권화 강화에 따른 지방자치단체의 법제 인력 양성방안 개　　　　　요 : 지방분권화 강화에 따른 지방자치단체의 법제 인력 양성방안 발　주　기　관 : 법제처 담　당　부　서 : 법제정보담당관실 연구　수행기관 : 한국지방자치학회 책임　　연구원 : 최승원 연　구　기　간 : 2003-03-25 ~ 2003-09-24 연　구　비　용 : 25,000,000원 제　　　목: 지방분권화 강화에 따른 지방자치단체의 법제 인력 양성방안 원　　　문: 지방분권화 강화에 따른 지방자치단체의 법제 인력 양성방안.pdf 목　　　차: 제1장 서론 = 1 1.연구의 목적 및 필요성 = 2 2.연구의 범위 = 2 3.연구의 내용 = ... 발행　년도: 2003 년

과　　제　　명 : 온라인행정심판제도의 도입방안 연구 개　　　　　요 : 온라인행정심판제도의 도입방안 연구 발　주　기　관 : 법제처 담　당　부　서 : 법제정보담당관실 연구　수행기관 : 이화여자대학교 책임　　연구원 : 최승원 연　구　기　간 : 2003-03-01 ~ 2003-08-31 연　구　비　용 : 25,000,000원 제　　　목: 온라인행정심판제도의 도입방안 연구 원　　　문: 온라인행정심판제도의 도입방안 연구.pdf 목　　　차: 제1장 연구목표 = 1 제2장 현행 행정심판제도 개관 = 5 제1절 법제현황 = 5 1. 행정심판법 =... 공　헌　자: 조동섭;김유환 발행　년도: 2003 년 제　출　일: 2003-08-01

과　　제　　명 : 정보통신서비스에 관한 법제개선방안 개　　　　　요 : 정보통신서비스에 관한 법제개선방안 발　주　기　관 : 법제처 담　당　부　서 : 법제정보담당관실 연구　수행기관 : 한국법제연구원 책임　　연구원 : 현대호 연　구　기　간 : 2003-03-01 ~ 2003-07-31 연　구　비　용 : 29,000,000원 제　　　목: 정보통신서비스에 관한 법제개선방안 원　　　문: 정보통신서비스에 관한 법제개선방안.pdf 목　　　차: 제1장 서 설 = 11 제1절 연구의 목적 = 11 제2절 연구의 범위 = 12 제2장 통신수단과 정보통... 공　헌　자: 배대헌 발행　년도: 2003 년 제　출　일: 2003-07-31

과　　제　　명 : 문화재보호법제 개선방안 개　　　　　요 : 문화재보호법제 개선방안 발　주　기　관 : 법제처 담　당　부　서 : 법제정보담당관실 연구　수행기관 : 한국법제연구원 책임　　연구원 : 김두진 연　구　기　간 : 2002-05-16 ~ 2002-12-31 연　구　비　용 : 50,000,000원 제　　　목: 문화재보호법제 개선방안 원　　　문: 문화재보호법제 개선방안.pdf 목　　　차: 제1장 序 論11 = 11 제1절 硏究의 目的 = 11 제2절 硏究의 範圍와 方法 = 11 제2장 外國의... 공　헌　자: 현대호;송영선;김남철;이상철;최인정 발행　년도: 2002 년 제　출　일: 2002-12-10

과　　제　　명 : 북한법령용어사전(I) 개　　　　　요 : 북한법령용어사전(I) 발　주　기　관 : 법제처 담　당　부　서 : 법제정보담당관실 연구　수행기관 : 한국법제연구원 책임　　연구원 : 손희두 연　구　기　간 : 2002-05-16 ~ 2002-12-31 연　구　비　용 : 50,000,000원 제　　　목: 북한법령용어사전(I) 원　　　문: 북한법령용어사전(I).pdf 목　　　차: 3대혁명 = 21 3대혁명붉은기쟁취운동 = 21 가정 = 23 개인부업경리 = 24 개인소유 = 24 객관파... 공　헌　자: 박정원 발행　년도: 2002 년 제　출　일: 2002-12-10

과　　제　　명 : 행정심판제도의 발전방안 연구 개　　　　　요 : 행정심판제도의 발전방안 연구 발　주　기　관 : 법제처 담　당　부　서 : 법제정보담당관실 연구　수행기관 : 한국법제연구원 책임　　연구원 : 김정순 연　구　기　간 : 2002-05-16 ~ 2002-12-31 연　구　비　용 : 62,000,000원 제　　　목: 행정심판제도의 발전방안 연구 원　　　문: 행정심판제도의 발전방안 연구.pdf 목　　　차: 제1장 서 론 = 9 제1절 연구의 목적 = 9 제2절 연구의 내용 및 방법 = 10 제2장 행정심판제도... 공　헌　자: 박균성;이종영;정준현;김재광;김치환;최인정 발행　년도: 2002 년 제　출　일: 2002-12-10

<연구자> 연구책임자 : 박균성 교수(경희대 법과대학) 공동연구자 : 김재광 박사(한국법제연구원) 선정원 교수(명지대 법정대학) 정하명 교수(삼척대 행정학과) <목차> 제1장 서 론 ······························································································· 7 제1절 연구의 목적 ················································································· 7 제2절 연구방법 ····················································································· 10 제2장 주요 외국의 법제업무 및 행정심판 ························ 11 제1절 프랑스에서의 법제업무 및 행정심판 ······························ 11 Ⅰ. 법제조직 ······················································································· 11 1. 국사원 ························································································· 11 2. 내각사무처 ················································································· 14 Ⅱ. 프랑스에서의 행정부내 입법절차 ··········································· 21 1. 법령안의 작성 ··········································································· 21 2. 관계부서와의 협의 ··································································· 28 3. 경제사회위원회의 자문절차 ··················································· 29 4. 국사원(Conseil d'Etat)의 심사절차 ······························ 30 5. 국사원 및 경제사회위원회 이외 조직의 자문절차 ··········· 36 6. 국무회의의 심의 ······································································· 37 7. 서명 및 부서 ············································································· 38 8. 시행명령제정의 보장 및 촉진 ··············································· 39 Ⅲ. 행정기관에 대한 법률자문 ······················································· 40 1. 주무장관의 유권해석 ······························································· 40 2. 내각사무처의 법령해석 등 법률자문 ··································· 41 3. 국사원의 해석 ··········································································· 41 Ⅳ. 행정심판 ······················································································· 43 1. 행정심판기관 ············································································· 43 2. 행정심판전치 여부 ··································································· 43 3. 행정심판에서의 조정 ··········································· 43 Ⅴ. 요약 및 시사점 ······················································ 43 1. 법제조직 ·············································································· 43 2. 프랑스에서의 행정부내 입법절차 ········································· 44 3. 행정기관에 대한 법률자문 ····················································· 45 제2절 독일의 법제업무 및 행정심판 ··········································· 46 Ⅰ. 법제업무 ······················································································· 46 1. 연방법무부의 역사, 조직 및 과제 개관 ····························· 46 2. 독일의 입법과정과 연방법무부의 역할 ······························· 48 3. 연방법무부의 법률초안검토 ··················································· 53 Ⅱ. 독일의 행정심판 ········································································· 56 1. 행정심판절차의 대상과 심판적격 ········································· 56 2. 재결청 ························································································· 57 3. 행정심판의 근거 ······································································· 57 제3절 미국의 법제업무 및 행정심판 ··········································· 57 Ⅰ. 법제업무 ······················································································· 57 1. 들어가며 ····················································································· 57 2. 관리예산처(OMB)의 규범심사(regulatory review)에 관한 이론적 고찰 ········································ 59 3. 관리예산처(OMB)의 규범심사(regulatory review)의 실정법적 근거 ·············································· 61 4. 현재의 관리예산처(OMB) 중심의 규범심사(regulatory review) ······················································ 65 5. 미국의 관리예산처(OMB)의 규정심사 경험의 시사점 ······· 77 Ⅱ. 미국의 행정심판 ········································································· 79 1. 들어가며 ····················································································· 79 2. 행정심판과 소송과의 관계 ····················································· 81 3. 환경심판위원회 ········································································· 83 4. 환경강제결정(administrative enforcement decisions)에 대한 심판 ···················· 84 5. 허가결정(permit decisions)에 대한 심판 ···················· 88 6. 소 결 ··························································································· 89 제4절 일본의 법제업무 및 행정심판 ··········································· 90 Ⅰ. 일본의 법제업무 ········································································· 90 1. 일본의 입법과정에 있어서 행정부의 역할 ························· 90 2. 내각법제국의 설치근거 ··························································· 92 3. 내각법제국의 조직 ··································································· 93 4. 내각법제국의 사무 ··································································· 96 5. 유권해석 ·················································································· 102 6. 국회답변 ·················································································· 103 7. 시사점 ······················································································ 104 Ⅱ. 일본의 행정불복신청제도 ······················································ 106 1. 행정불복신청제도의 연혁 ···················································· 106 2. 불복신청의 종류 ···································································· 107 3. 불복신청사항 ·········································································· 108 4. 불복신청의 요건 ···································································· 108 5. 불복신청의 심리 ···································································· 110 6. 불복신청의 형식 ···································································· 111 7. 교시제도 ·················································································· 112 8. 행정소송과의 관계 ································································ 112 9. 시사점 ······················································································ 113 제3장 법제기능 현황과 개선방안 ·········································· 115 제1절 정부입법계획 및 법령정비의 현황과 개선방안 ········ 115 Ⅰ. 정부입법계획의 현황과 개선방안 ········································ 115 1. 현황과 문제점 ········································································ 115 2. 정부입법계획의 장점 ···························································· 122 3. 개선방안 ·················································································· 124 4. 결 어 ························································································ 128 Ⅱ. 법령정비의 현황과 개선방안 ················································ 131 1. 문제점 ······················································································ 132 2. 개선방안 ·················································································· 134 제2절 법령심사 현황과 개선방안 ··············································· 136 Ⅰ. 법령등 심사현황 ······································································ 136 1. 의의 ·························································································· 136 2. 법령안의 심사 ········································································ 136 3. 조약안의 심사현황 ································································ 141 4. 대통령 훈령안 등의 심사 ···················································· 144 Ⅱ. 법령안등의 심사절차의 문제점과 개선방안 ······················ 145 1. 법령안의 심사절차의 문제점과 개선방안 ························ 145 2. 조약안의 심사절차의 문제점과 개선방안 ························ 153 제3절 법령해석제도의 현황과 발전방안 ·································· 157 Ⅰ. 현황과 문제점 ·········································································· 157 1. 법령해석의 요청 및 법령해석기관 ···································· 157 2. 법제처에 대한 법령해석요청의 요건 ································ 158 3. 법제처의 법령해석 및 통보 ················································ 159 4. 유권해석 처리현황 ································································ 159 5. 헌법재판 및 행정소송에서의 국가의 법령해석 ·············· 160 Ⅱ. 개선방안 ···················································································· 161 1. 법령해석에 관한 총괄기능 강화 ········································ 161 2. 유권해석요건의 완화 ···························································· 161 3. 법제처 해석기관의 합의제화 ·············································· 162 4. 법률문제자문기능의 확대 ···················································· 163 5. 헌법재판 및 행정소송에서의 법제처의 법령해석의견제시권 부여 ·············· 163 Ⅲ. 행정심판의 현황 및 문제점 ·················································· 165 1. 국무총리행정심판위원회 ······················································ 165 2. 특별행정심판기관 ·································································· 171 3. 유사 권리구제와의 관계 ······················································ 187 Ⅳ. 개선방안 ···················································································· 191 1. 국무총리행정심판위원회 ······················································ 191 2. 특별행정심판기관의 남설 방지 ·········································· 192 3. 국민고충처리 및 감사원에의 심사청구와의 역할재정립 ··· 193 4. 조정제도의 도입 ···································································· 194 5. 행정심판사제도의 도입 ························································ 194 제5절 법령정보제공 ·········································································· 195 Ⅰ. 현황과 문제점 ·········································································· 195 1. 국내법령제공의 현황과 문제점 ·········································· 195 2. 해외법령제공의 현황과 문제점 ·········································· 197 Ⅱ. 개선방안 ···················································································· 197 1. 국내법령제공 ·········································································· 197 2. 해외법령정보의 제공 ···························································· 199 제6절 법제처조직의 현황과 개편방향 ······································· 199 Ⅰ. 법제조직에 대한 재평가와 부처이기주의와 사회적 갈등의 조정자로서의 역할 ·············· 199 1. 정부조직개편의 목적 ···························································· 199 2. 민주적 시장경제의 발전을 위한 핵심적 장애요소로서 사회적 갈등의 문제 ····················· 201 3. 권위주의적 행정문화와 부처이기주의의 극복필요 ········ 202 4. 부처이기주의와 사회적 갈등에 대한 입법에 의한 조정자로서의 법제처 ····· 204 Ⅱ. 법제처의 연혁과 현황 ···························································· 206 1. 시대별 부처변천 ···································································· 208 2. 1998년의 정부조직개편으로 인한 법제처조직의 변화 및 현재의 기구 ········ 209 3. 법제처의 현행 조직과 정원 ················································ 212 4. 시사점 ······················································································ 217

<연 구 진> 연구책임자 : 문 준 조 (한국법제연구원 연구위원, 법학박사) 연구보조원 : 최 인 정 (한국법제연구원 행정요원) <목 차> 제 1 장 서 론 제 1 절 연구의 목적 제 2 절 연구의 방법과 범위 제 2 장 중국의 사회주의입법의 발전 제 1 절 법제발전의 3단계 Ⅰ. 사회주의법제 건설의 초기단계 Ⅱ. 1978년 개혁개방을 위한 법제개혁 Ⅲ. 1993년 사회주의시장경제 확립을 위한 법제개혁이후 단계 제 2 절 중국의 사회주의헌법의 변천사 Ⅰ. 중국헌법 개정의 기본적인 특징 Ⅱ. 헌법개정시기의 파악과 적시 개정의 필요성 Ⅲ. 헌법개정연혁 제 3 장 중국의 입법체제에 대한 기본적 고찰 제 1 절 중국입법체제의 변천 Ⅰ. 중화인민공화국 수립 초기의 입법체제 Ⅱ. 사회주의헌법제정이후 현행헌법까지의 중국의 입법체제 Ⅲ. 현단계의 입법체제 제 2 절 현행 입법체제상의 입법권 분류 Ⅰ. 국가입법권 Ⅱ. 행정법규 제정권 Ⅲ. 지방성법규 제정권 Ⅳ. 자치조례와 단행조례 제정권 Ⅴ. 부문규장 및 지방규장 제정권 제 3 절 수권입법권과 특별행정구 입법권 Ⅰ. 수권입법권 Ⅱ. 특별행정구 입법권 제 4 장 국가입법, 행정입법 및 지방입법의 제정기관과 절차 제 1 절 국가입법 Ⅰ. 국가입법기관 Ⅱ. 국가입법권의 범위 Ⅲ. 입법절차 Ⅳ. 국가입법의 최고권위성 제 2 절 행정입법 Ⅰ. 중국행정입법의 기본적인 범주 Ⅱ. 국무원의 행정입법 Ⅲ. 행정규장 제 3 절 지방성법규 Ⅰ. 지방성법규의 제정주체 Ⅱ. 지방성법규제정절차 제 4 절 특수한 지방의 입법 Ⅰ. 민족자치지방의 자치조례와 단행조례의 제정 Ⅱ. 경제특구의 입법 Ⅲ. 특별행정구 입법 Ⅳ. 지방입법과 관련된 몇 가지 문제 제 5 장 입법업무와 입법관련제도 제 1 절 중국의 입법 지도사상과 기본원칙 Ⅰ. 입법의 지도사상 Ⅱ. 입법의 기본원칙 제 2 절 입법기술 분야 Ⅰ. 입법기술연구의 의의 Ⅱ. 입법기술의 개념 제 3 절 입법업무 일반 Ⅰ. 입법업무의 기본적 요구 Ⅱ. 입법예측과 수요파악 Ⅲ. 입법계획 제 4 절 법령문건의 구조와 법령체계화 Ⅰ. 법령문건의 구조 Ⅱ. 법령계통화(체계화) 제 5 절 법률해석 제 6 절 입법감독과 법률충돌해결 Ⅰ. 중국의 입법감독체제 Ⅱ. 법률충돌 해결 제 6 장 WTO가입에 따른 의무이행을 위한 법제정비작업 제 1 절 중국 입법의 개선방향 Ⅰ. 투명성제고 Ⅱ.통일적인 법집행확보 Ⅲ. 행정기관의 법집행 감독강화 Ⅳ. 다층차적 입법과 법률, 법규 및 규장간의 충돌해소의 필요성 제 2 절 WTO 가입에 따른 입법체제에 대한 개혁에 관한 논의 제 3 절 WTO가입에 따른 법제정비현황과 전망 Ⅰ.정비현황 Ⅱ. WTO 가입이후의 법제발전 전망 Ⅲ. 중국의 국제법규칙의 유효한 실시를 확보하기 위한국내법제도