프랑스법상 국가와 지방자치단체간 협약제도 : 계획계약을 중심으로
Agreement between the State and Local Government in French Law: Focusing on the “Contrat de Plan”
- 주제(키워드) 「Special Act on Balanced National Development」 , Agreement between the State and Local government , Regional Development Investment Agreement , French Administrative Law , Contrat de Plan (Plan Contract) , Contrat Administratif (Administrative Contract) , 「국가균형발전특별법」 , 국가와 지방자치단체간 협력 , 지역발전투자협약 , 프랑스행정법 , 계획계약 , 행정계약
- 주제(기타) 법학
- 설명문(URI) https://www.kci.go.kr/kciportal/ci/sereArticleSearch/ciSereArtiView.kci?sereArticleSearchBean.artiId=ART002723399
- 등재 KCI등재
- 발행기관 한국비교공법학회
- 발행년도 2021
- URI http://www.dcollection.net/handler/ewha/000000182609
- 본문언어 한국어
초록/요약
「Special Act on Balanced National Development」 provides “for the purpose of jointly pursuing projects for balanced development by the State and a local government or by different local governments, the State and local governments may conclude a regional development investment agreement that includes details of the projects, allocation of investments, etc.” (Article 20(1)) This ‘regional development investment agreement’ system was introduced to Korea using French ‘contrat de plan (plan contract)’ system as a model. After total revision of 「Local Autonomy Act」 in January 12, 2021, enhanced cooperation between the state and local government is emphasized, and therefore it is expected that agreement between the state and local government like ‘regional development investment agreement’ will be actively implemented. In this context, it is meaningful to see the French law on agreement between the state and local government like ‘contrat de plan.’ ‘Contrat de plan’ has been used in France from 1960s, and to facilitate the decentralization, Loi n° 82-653 du 29 juillet 1982 portant réforme de la planification was enacted in 1982, and this act clarified the statutory ground for ‘contrat de plan.’ ‘Contrat de plan’ has experienced many changes after enactment in 1982. For example, ‘contrat de plan’ was legally binding in its initial introduction, however, this binding effect was gradually weakened as this system implemented. Frech experience in implementing ‘contrat de plan’ gives many implications to Korea in developing the agreement between the state and local government.
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