제1장 총칙
제1절 공유재산 일반 ········································································································ 3
1. 정의 및 범위 ·················································································································· 3
2. 용어의 정의 ···················································································································· 7
3. 구분과 종류 ···················································································································· 8
제2절 공유재산의 보호 ···································································································· 9
1. 관리처분의 기본원칙 ······································································································ 9
2. 공유재산의 보호 ············································································································· 9
3. 다른 법률과의 관계 ········································································································ 12
4. 조례의 제정 및 운영 등 ································································································ 13
제3절 기부채납 ················································································································· 17
1. 정의 및 대상 ·················································································································· 17
2. 제외 기준 ························································································································ 17
3. 방 법 ······························································································································· 19
4. 무상사용허가 ··················································································································· 19
5. 유의사항 ·························································································································· 21
제4절 중기공유재산관리계획 ···························································································· 22
1. 개 요 ······························································································································· 22
2. 기본방향 ·························································································································· 24
3. 작성 방법 ························································································································ 24
제5절 공유재산관리계획 ··································································································· 26
1. 개 요 ······························································································································· 26
2. 수립 범위 ························································································································ 27
3. 공유재산관리계획 수립 시 작성 방법 ··········································································· 29
4. 공유재산관리계획 수립 제외 ························································································· 31
5. 공유재산관리계획 변경 수립 ························································································· 35
6. 공유재산관리계획 상 “1건”의 의미 ··············································································· 37
7. 공유재산관리계획(변경) 수립시점 ·················································································· 39
8. 유의사항 ·························································································································· 43
제6절 용도의 변경 및 폐지 ····························································································· 44
1. 의의 및 절차 ·················································································································· 44
2. 대상 및 재산의 인계·인수 ··························································································· 45
3. 유의사항 ·························································································································· 46
제7절 영구시설물 등 축조 ······························································································· 47
1. 개 요 ······························································································································· 47
2. 영구시설물 축조 허용 범위 ··························································································· 47
3. 가설건축물 축조 허용 기준 ··························································································· 53
제8절 공유재산 관리와 사무의 위임 등 ········································································· 54
1. 관리자의 주의의무 ·········································································································· 54
2. 위임관리 등 ···················································································································· 54
3. 위임관리에 따른 귀속금 ································································································ 57
제9절 회계간의 재산이관 등 ··························································································· 59
1. 의의 및 유형 ·················································································································· 59
2. 이관 방법 ························································································································ 60
제10절 공유재산정책협의회 ····························································································· 61
1. 구 성 ······························································································································· 61
2. 협의·조정사항 ··············································································································· 62
제11절 공유재산심의회 ···································································································· 63
1. 구 성 ······························································································································· 63
2. 심의사항 ·························································································································· 64
제12절 공유재산 경비부담 제한 ······················································································ 64
1. 의의 및 내용 ·················································································································· 64
2. 검토사항 ·························································································································· 65
제13절 공유재산관리기금 ································································································· 66
1. 개 요 ······························································································································· 66
2. 기금의 재원 ···················································································································· 66
3. 기금의 용도 ···················································································································· 66
제14절 공유재산의 취득 ·································································································· 67
1. 의 의 ······························································································································· 67
2. 필요성 ····························································································································· 67
3. 취득대상 ·························································································································· 67
4. 취득가액 결정 ················································································································· 67
제15절 공유재산의 관리 ·································································································· 68
1. 손해보험 및 공제가입 ···································································································· 68
2. 교통유발부담금 납부 ······································································································ 69
3. 재산관리자 선임 ············································································································· 69
제2장 공유재산관리
제1절 의 의 ······················································································································ 73
1. 개 요 ······························································································································· 73
2. 다른 법률과의 관계 ········································································································ 74
3. 허가·계약 방법 ············································································································· 75
4. 허가 및 계약시 고려할 사항 ························································································· 89
제2절 사용허가/대부 ········································································································· 90
1. 사용허가/대부 기간 ········································································································ 90
2. 사용료 및 대부료 ··········································································································· 92
3. 보증금의 예치 등 ········································································································· 109
4. 대부자 명의 변경 ········································································································· 110
5. 예정가격의 체감 ··········································································································· 110
6. 사용료 등의 조정 ········································································································· 112
7. 사용료 등의 감면 ········································································································· 113
8. 사용료 등의 감경 ········································································································· 117
9. 상호점유 재산 대부료 감면 ························································································· 118
10. 사용허가 등의 취소 ··································································································· 119
11. 허가 및 계약 체결시 유의사항 ················································································· 122
12. 부가가치세 부과 ········································································································· 124
제3절 행정재산의 관리위탁 ··························································································· 126
1. 법적 근거 ······················································································································ 126
2. 개 념 ····························································································································· 126
3. 관리위탁 대상 ··············································································································· 128
4. 용어의 정리 ·················································································································· 129
5. 위탁료 산정 및 예정가격 작성 ··················································································· 129
6. 관리수탁자 선정 ··········································································································· 132
7. 위·수탁 계약 ··············································································································· 136
8. 관리위탁 기간 ··············································································································· 139
9. 수탁재산의 관리 ··········································································································· 140
제4절 일반재산의 신탁개발 ··························································································· 143
1. 대상 및 종류 ················································································································ 143
2. 방법 및 기간 ················································································································ 143
3. 신탁보수 등 ·················································································································· 145
제5절 일반재산의 위탁관리 ··························································································· 146
1. 근 거 ····························································································································· 146
2. 개 요 ····························································································································· 146
3. 주요 내용 ······················································································································ 147
4. 추진 절차 ······················································································································ 148
5. 재산의 인계·인수 ······································································································· 149
6. 운영 방안 ······················································································································ 150
7. 수입과 지출의 정산 ····································································································· 151
8. 사후 관리 ······················································································································ 151
제6절 일반재산의 위탁개발 ··························································································· 152
1. 법적 근거 ······················································································································ 152
2. 위탁개발 제도 ··············································································································· 152
3. 신탁개발과 위탁개발 제도 비교 ·················································································· 153
4. 위탁개발 기간 ··············································································································· 154
5. 수익의 귀속 및 위험부담 ···························································································· 155
6. 위탁 수수료 ·················································································································· 157
7. 추진 절차 ······················································································································ 159
8. 위탁개발사업 추진 ······································································································· 165
9. 위탁개발 재산 관리 및 운영 ······················································································· 168
10. 위탁개발 사례 ············································································································ 170
제3장 공유재산 처분
제1절 행정재산 처분 ······································································································ 175
1. 처분의 제한 ·················································································································· 175
2. 사권설정 금지 ··············································································································· 177
제2절 일반재산 처분 ······································································································ 178
1. 개 요 ····························································································································· 178
2. 계약 방법 ······················································································································ 179
3. 계약절차 ························································································································ 186
4. 처분재산의 가격결정 ···································································································· 187
5. 매각대금의 납부 ··········································································································· 190
6. 소유권 이전 ·················································································································· 192
7. 매각의 제한 ·················································································································· 194
8. 유의사항 ························································································································ 195
9. 부동산 거래의 신고 ····································································································· 197
제3절 교 환 ···················································································································· 198
1. 의 의 ····························································································································· 198
2. 기 준 ····························································································································· 198
3. 제 한 ····························································································································· 200
4. 절 차 ····························································································································· 201
5. 가격의 평가 ·················································································································· 202
6. 교환차금의 납부 ··········································································································· 202
7. 권리확보에 필요한 서류 ······························································································ 203
제4절 양 여 ···················································································································· 204
1. 의 의 ····························································································································· 204
2. 요 건 ····························································································································· 204
3. 절 차 ····························································································································· 207
4. 조건과 시기 ·················································································································· 207
5. 재산의 평가 ·················································································································· 208
6. 계약의 해제 ·················································································································· 208
제4장 공유재산 대장과 보고
제1절 대장의 관리 ·········································································································· 211
1. 대장의 정리 ·················································································································· 211
2. 장부의 비치 ·················································································································· 211
3. 대장가격 등 ·················································································································· 212
4. 공유재산 운영상황의 공개 ··························································································· 212
5. 예산성과금 등 지급 ····································································································· 213
6. 공유재산 및 물품의 상호 전환 ··················································································· 214
제2절 재산 실태조사 ······································································································ 215
1. 의 의 ····························································································································· 215
2. 조사 내용 ······················································································································ 216
3. 실태조사 후속 처리 ····································································································· 218
4. 결과 조치 ······················································································································ 220
제3절 재산가격의 보고 등 ····························································································· 221
1. 재산가격의 보고 ··········································································································· 221
2. 손해 보고 ······················································································································ 222
제4절 권리 보전 ············································································································· 223
1. 의 의 ····························································································································· 223
2. 대상 재산 ······················································································································ 223
3. 추진 절차 ······················································································································ 224
4. 대상재산별 처리절차 ···································································································· 225
제5장 보칙
제1절 연체료 ··················································································································· 229
1. 연체료의 징수 ··············································································································· 229
2. 연체료율 ························································································································ 230
제2절 변상금 ··················································································································· 232
1. 의의 및 법적 성질 ······································································································· 232
2. 부 과 ····························································································································· 233
3. 면 제 ····························································································································· 235
4. 산 정 ····························································································································· 235
5. 부과 절차 (｢행정절차법｣을 준용) ··············································································· 236
6. 분할 납부 ······················································································································ 241
7. 징수 유예 ······················································································································ 242
8. 변상금 관련 판례 등 ··································································································· 242
제3절 과오납금 반환 ······································································································ 244
1. 개 요 ····························································································································· 244
2. 적용 시점 및 방법 ······································································································· 244
제4절 행정대집행 ············································································································ 245
1. 의 의 ····························································································································· 245
2. 절 차 ····························································································································· 246
3. 이의신청 및 행정심판 ·································································································· 248
4. 대집행 비용 징수 ········································································································· 248
제5절 은닉재산 ··············································································································· 249
1. 의 의 ····························································································································· 249
2. 보상금 지급 및 한도 ··································································································· 249
3. 은닉재산의 제외 ··········································································································· 250
4. 은닉재산의 수의매각 ···································································································· 250
5. 은닉된 재산 발굴 및 조치 ·························································································· 251
제6장 지방자치단체 청사·관공선 관리
제1절 청사면적 관리 개요 ····························································································· 255
1. 지방자치단체의 청사 운영 ··························································································· 255
2. 지방자치단체의 청사면적 관리 개요 ·········································································· 255
제2절 청사 면적관리 적용기준 ······················································································ 258
1. 본청·의회청사 ············································································································· 258
2. 지방자치단체장 집무실 ································································································ 260
3. 기준면적 적용 시점 ····································································································· 260
4. 기준면적 산정 방법 ····································································································· 262
5. 기타사항 ························································································································ 262
제3절 청사·관공선 정비기금 배정 ·············································································· 270
1. 청사정비기금 ················································································································· 270
2. 관공선 건조비 기금 ····································································································· 270
3. 지원 절차 ······················································································································ 271
4. 승인 기준 ······················································································································ 271
5. 제출 서류 ······················································································································ 272
제4절 지방자치단체 청사 신축비용 공개 ····································································· 276
1. 공개대상 ························································································································ 276
2. 공개기준 ························································································································ 276
3. 공개시점 및 공개방법 ·································································································· 277
4. 재정패널티 ···················································································································· 277
참고자료
참고자료 1 : 공유재산 업무관련 참고 서식 ································································ 287
참고자료 2 : 온비드(OnBid) 사용 안내 ········································································ 341
'자료실 > 업무편람&메뉴얼' 카테고리의 다른 글
| 🔴【2018】국토의 계획 및 이용에 관한법률 해설집(국토교통부) (1) | 2023.04.12 |
|---|---|
| 🟠【2018】개발부담금 업무편람_01(해설) (0) | 2023.04.11 |
| 🔵【2021】서울특별시 도시계획시설 업무 메뉴얼 (0) | 2023.04.06 |
| 🔵【2023】서울특별시 지구단위계획 수립기준 개정(공동주택 허용용적률 인센티브 개선) (0) | 2023.04.05 |
| 🔴【2018】경기도 도시계획 업무편람 (0) | 2023.04.03 |