2016 주관식 경찰 행정법

Ⅰ부: 단문




1. 통치행위··················································· 10




2. 법치행정·················································· 14




3. 법률유보의 원칙······································ 18




4. 비례의 원칙············································· 22




5. 신뢰보호의 원칙······································ 24




6. 부당결부금지의 원칙······························· 28




7. 자기구속의 원칙······································ 30




8. 공무수탁사인············································ 34




9. 공법관계와 사법관계······························· 36




10. 행정사법················································· 38




11. 개인적 공권············································ 40




12. 특별행정법관계······································ 44




13. 무하자재량행사청구권···························· 48




14. 행정개입청구권······································ 50




15. 행정법관계에 대한 사법규정의 적용····· 54




16. 사인의 공법행위···································· 56




17. 사인의 공법행위로서의 신고················· 60




18. 법규명령················································· 64




19. 행정규칙················································· 68




20. 행정행위의 개념···································· 72




21. 일반처분················································· 74




22. 행정행위의 특수성································· 76




23. 복효적 행정행위···································· 78




24. 기속행위와 재량행위····························· 82




25. 판단여지이론········································· 86




26. 경찰하명················································ 88




27. 경찰허가················································ 90




28. 허가와 특허의 구별······························· 94




29. 형성적 행정행위···································· 96




30. 준법률행위적 행정행위·························· 98




31. 공정력···················································· 102




32. 행정행위의 무효와 취소························ 106




33. 하자의 승계··········································· 110




34. 하자의 치유와 전환······························· 112




35. 행정행위의 취소···································· 116




36. 행정행위의 철회···································· 120




37. 행정자동결정········································· 124




38. 행정계획················································ 126




39. 부관······················································· 130




40. 부담······················································· 134




41. 확약························································ 138




42. 사실행위················································ 142




43. 행정지도················································ 144




44. 공법상 계약··········································· 146




45. 행정절차················································ 148




46. 이유제시················································ 152




47. 청문······················································· 156




48. 공청회···················································· 160




49. 정보공개청구권······································ 164




50. 강제집행················································ 168




51. 대집행···················································· 172




52. 이행강제금············································· 176




53. 직접강제················································ 180




54. 즉시강제················································ 182




55. 행정의 새로운 실효성 확보수단············ 184




56. 행정조사················································ 188




57. 공표······················································· 192




58. 행정벌···················································· 194




59. 행정질서벌············································· 198




60. 국가배상법 제2조의 성립요건··············· 200




61. 국가배상법 제2조의 성질······················ 204




62. 영조물 책임··········································· 208




63. 국가배상법 제6조의 비용부담자··········· 212




64. 손실보상················································ 214




65. 수용유사적 침해···································· 218




66. 희생보상청구권······································ 220




67. 결과제거청구권······································ 222




68. 행정소송의 한계···································· 224




69. 협의의 소익··········································· 228




70. 가구제···················································· 232




71. 행정청의 부작위에 대한 권리구제········· 236




72. 사정판결················································ 240




73. 경찰권의 근거와 한계··························· 242




74. 경찰책임의 원칙···································· 246





Ⅱ부: 사례




01. 취소대상을 착오로 정지처분한 사건··························································· 252




※ 주요논점 : 신뢰보호의 원칙, 법규명령 형식의 행정규칙




02. 불쌍한 귀화자 복수면허취소 사건······························································ 259




※ 주요논점 : 부당결부금지의 원칙, 비례의 원칙, 법규명령 형식의 행정규칙




03. 선례에 반한 영업정지처분 사건·································································· 265




※ 주요논점 : 자기구속의 원칙, 법규명령형식의 행정규칙, 협의의 소익, 선결문제




04. 재개발조합 신고묵살 사건··········································································· 273




※ 주요논점 : 행정개입청구권, 국가배상책임의 성립요건




05. 허위신고에 의한 경찰관 직위해제 사건····················································· 278




※ 주요논점 : 특별행정법관계, 직위해제, 직권면직, 소청심사, 하자의 승계




06. 무리한 조건의 행정재산 사용허가 사건····················································· 285




※ 주요논점 : 행정재산의 목적외 사용허가, 부관의 위법성,




부관의 독립쟁송 및 독립취소 가능성




07. 형의 이름으로 운전면허 취득한 사건························································· 294




※ 주요논점 : 무효와 취소의 구별, 하자의 치유와 전환, 형사소송과 선결문제




08. 도시관리계획 변경 사건··············································································· 300




※ 주요논점 : 행정계획의 법적성질, 계획처분에 대한 취소소송, 계획변경청구권




09. 절차하자의 운전면허취소 사건···································································· 306




※ 주요논점 : 절차하자 인정여부, 하자의 치유, 절차하자의 독자적 위법성




10. 강간범 정보공개청구 사건············································································ 313




※ 주요논점 : 정보공개청구권자, 비공개대상정보, 제3자 정보공개에 대한 불복,




정보비공개에 대한 불복, 단체소송상 원고적격




11. 대집행영장통지 누락 강제철거 사건···························································· 322




※ 주요논점 : 대집행 실행, 대집행 요건, 작위하명과 계고의 결합가능성,




행정대집행법3조, 하자의 승계, 실력행사가능성




12. 주취자 동사 사건······················································································· 328




※ 주요논점 : 위법한 부작위에 대한 국가배상, 공무원의 내부책임




13. 경무과장 척추골절 사건············································································ 333




※ 주요논점 : 자배법상 배상책임, 이중배상금지, 공무원의 외부책임,




이중배상금지와 구상권




14. 비둘기가 신호기를 고장낸 사건······························································· 339




※ 주요논점 : 국배법 제2조와 제5조의 배상책임과 상호관계,




국배법 제6조 배상책임자




15. 경원자의 LPG주유소 허가 사건······························································· 345




※ 주요논점 : 경원자의 원고적격, 처분사유의 추가?변경, 하자의 치유




16. 전과자 경찰공무원 임용 사건··································································· 350




※ 주요논점 : 공무원임용처분, 결격사유자 임용처분, 하자의 치유와 전환,




실권의 법리, 당연퇴직




17. 위층 소프라노 사건··················································································· 356




※ 주요논점 : 개괄적 수권조항, 경찰공공의 원칙, 경찰개입청구권,




위법한 부작위?거부에 대한 권리구제




18. 유명가수 공연취소 사건············································································ 364




※ 주요논점 : 행위책임의 귀속, 상태책임의 귀속, 다수책임자 경합, 경찰긴급권




19. 최루탄으로 가스통시위 제압한 사건························································ 369




※ 주요논점 : 최루탄사용 시위진압, 즉시강제의 위법성?최루탄사용의 위법성, 경찰긴급권




20. 불심검문 거부자 실탄발사 사건······························································ 379




※ 주요논점 : 불심검문시 강제력행사 가능성, 무기사용의 요건과 한계, 비례원칙




21. 불심검문 거부자 기소 사건······································································ 387




※ 주요논점 : 불심검문의 법적성질, 비례의 원칙, 선결문제, 판단여지, 하자의 승계




22. 종업원 유조차전복 사건··············································································· 395




※ 주요논점 : 경찰권발동의 근거와 한계, 경찰책임의 귀속, 경찰책임의 경합,




경찰긴급권, 경찰책임(제재적 처분사유)의 승계




23. 택시면허취소 사건························································································ 404




※ 주요논점 : 경찰책임의 원칙, 경찰책임(제재적 처분사유)의 승계, 비례의 원칙




24. 유명 여배우 쇼핑 사건················································································· 410




※ 주요논점 : 경찰책임의 원칙, 행위책임의 소재, 상태책임의 소재, 경찰긴급권




25. 영화상영 중지 사건······················································································· 415




※ 주요논점 : 개괄적 수권조항, 경찰책임의 귀속, 경찰긴급권, 경찰비례의 원칙




26. 가스총 근접발사 사건··················································································· 424




※ 주요논점 : 경찰권발동의 한계로서 “공공의 원칙”과 “비례의 원칙”,




민사법원과 선결문제, 배상책임 성립요건




27. 사설도로 음주단속 사건··············································································· 429




※ 주요논점 : 사주소불가침의 원칙, 도교법상 ‘도로’




28. 핸드폰 과실손괴 경찰개입 사건·································································· 436




※ 주요논점 : 불심검문의 요건, 개괄적 수권조항, 보충성의 원칙, 비례의 원칙




29. 경찰서장 항명파동 사건··············································································· 444




※ 주요논점 : 성실의무?품위유지의무 위반여부, 비례원칙, 행정심판전치주의,




소청심사위원회 법적지위, 처분명령재결의 효력, 원처분주의,




이행재결?수정재결과 소의 대상




30. 변심한 애인을 상해한 사건········································································· 457




※ 주요논점 : 위법한 부작위에 따른 국가배상, 공무원의 내부책임, 공무원의 외부책임




<부록> 연도별 경감승진시험 기출문제······························································ 465