2026 경찰행정법 주관식 실력탄탄 1 : 기본서 (단문.사례)

Ⅰ부:단문

행정법의 기초이론 / 행정입법

01. 법치행정의 원칙·································································································2
02. 법률유보의 원칙: 13년 기출단문······························································5
03. 행정법의 일반원칙····························································································7
04. 부당결부금지의 원칙: 07년 기출단문··················································10
05. 자기구속의 원칙: 10년 기출단문·····························································12
06. 신뢰보호의 원칙: 11년 기출단문·····························································14
07. 비례의 원칙: 08년 기출단문········································································17
08. 공법관계와 사법관계(공법과 사법의 구별) : 19년 기출단문····19
09. 행정사법··················································································································21
10. 행정법에 대한 사법규정의 적용(행정법의 흠결과 보충)············23
11. 사인의 공법행위·································································································25
12. 사인의 공법행위로서의 신고: 21년 기출단문····································27
13. 신고와 신청의 비교(구별) ···········································································30
14. 개인적 공권···········································································································32
15. 무하자재량행사청구권····················································································35
16. 행정개입청구권(경찰개입청구권) : 09년 기출단문························38
17. 특별권력관계(특별행정법관계) ·······························································40
18. 통치행위·················································································································43
19. 공무수탁사인: 20년 기출단문····································································46
20. 법규명령: 12년 기출단문··············································································48
21. 행정규칙·················································································································51
22. 훈령···························································································································53
23. 법규명령 형식의 행정규칙: 22년 기출단문········································57
24. 행정규칙 형식의 법규명령: 09년 기출단문········································59
25. 법규명령형식의 행정규칙과 행정규칙형식의 법규명령·············61

행정행위 / 그 밖의 행위형식

26. 행정행위의 개념·································································································66
27. 일반처분: 13년 기출단문···············································································69
28. 행정행위의 특수성(행정행위의 효력) ···················································71
29. 기속행위와 재량행위: 15년 기출단문·····················································73
30. (불확정 개념과) 판단여지: 12년 기출단문···········································76
31. 복효적 행정행위: 16년 기출단문································································78
32. 명령적 행정행위···································································································80
33. 하명(경찰하명) : 16년 기출단문··································································82
34. 허가(경찰허가) : 21년 기출단문··································································84
35. 예외적 승인(예외적 허가) ·············································································87
36. 형성적 행정행위···································································································89
37. 특허······························································································································91
38. 허가와 특허의 구별·····························································································93
39. 준법률행위적 행정행위····················································································95
40. 공정력과 구성요건적 효력··············································································98
41. 행정행위의 존속력····························································································102
42. 행정행위의 하자 일반론·················································································104
43. 행정행위의 무효와 취소(무효와 취소의 구별) ·································108
44. 위헌법률에 근거한 처분의 효력·································································111
45. 하자의 치유: 14년 단문기출··········································································113
46. 하자의 전환·············································································································115
47. 하자의 승계·············································································································117
48. 행정행위의 직권취소: 18년 기출단문······················································119
49. 직권취소와 쟁송취소의 비교········································································122
50. 행정행위의 철회: 11년 기출단문·································································124
51. 직권취소와 철회의 비교(구별) ····································································127
52. 부관의 가능성과 한계························································································129
53. 부관의 종류과 한계·····························································································131
54. 하자있는 부관에 대한 쟁송·············································································133
55. 부담: 10년 기출단문····························································································135
56. 단계적 행정결정·····································································································137
57. 확약································································································································140
58. 행정계획······················································································································142
59. 행정의 자동결정: 22년 기출단문···································································145
60. 공법상 계약················································································································147
61. 행정상 사실행위······································································································150
62. 행정지도: 08년 기출단문····················································································153

행정절차법 / 정보공개법

63. 절차상 하자의 효력: 20년 단문기출·····························································158
64. 이유제시: 15년 기출단문····················································································161
65. 사전통지와 의견제출····························································································164
66. 청문: 25년 기출단문······························································································167
67. 공청회····························································································································170
68. 정보공개청구권: 17년 기출단문······································································173

행정의 실효성 확보수단

69. 강제집행: 24년 기출단문·····················································································178
70. 행정대집행(대집행) : 06년 기출단문·····························································181
71. 강제징수·························································································································185
72. 이행강제금(집행벌) ································································································187
73. 직접강제·························································································································190
74. 즉시강제: 14년 기출단문·······················································································192
75. 행정벌(경찰벌) ··········································································································195
76. 행정형벌·························································································································198
77. 행정질서벌(행정질서벌의 특수성) ·································································200
78. 행정의 새로운 의무이행(실효성) 확보수단················································203
79. 행정상 공표(명단공표, 위반사실의 공표) : 07년 기출단문················207
80. 과징금·······························································································································209
81. 공급거부··························································································································211
82. 행정조사(행정조사의 한계와 구제) ································································213

행정쟁송

83. 행정소송의 한계(행정재판권의 한계) ····························································218
84. 의무이행심판·················································································································221
85. 무효등확인소송·············································································································223
86. 부작위위법확인소송··································································································226
87. 무명항고소송·················································································································229
88. 당사자소송·······················································································································231
89. 원처분주의와 재결주의····························································································233
90. (취소소송의) 대상적격······························································································235
91. (취소소송의) 원고적격: 25년 기출단문····························································238
92. (취소소송의) 협의의 소익························································································240
93. (취소소송의) 피고적격·······························································································242
94. (취소소송의) 제소기간·······························································································244
95. 행정심판전치주의·········································································································246
96. 처분사유의 추가, 변경································································································248
97. 가구제(집행정지와 가처분) : 17년 단문기출·················································251
98. 행정청의 부작위에 대한 권리구제······································································254
99. 거부처분에 대한 권리구제·······················································································258
100. 사정판결: 18년 단문기출························································································260
101. 취소판결의 기속력·····································································································262
102. 행정쟁송법상 간접강제···························································································264
103. 취소판결의 기판력(판결의 확정력) ································································266
104. 이의신청···························································································································268
105. 처분에 대한 이의신청 및 재심사·······································································270
106. 행정심판의 종류··········································································································273
107. 행정심판의 재결(재결의 종류와 효력) ··························································276
108. 재결의 기속력···············································································································279
109. 행정심판법상 재처분의무 실효성 확보수단················································281
110. 행정심판의 고지제도: 24년 기출단문······························································283

행정상 손해전보

111. 국가배상법 제2조의 국가배상청구권······························································286
112. 국가배상법 제2조의 성질·······················································································290
113. 법령해석의 하자와 공무원의 과실····································································294
114. 국가배상법 제5조의 배상책임(영조물 책임) ··············································296
115. 국가배상법 제6조의 비용부담자·········································································298
116. 국가배상법상 배상책임자·······················································································300
117. 국가배상청구의 제한(이중배상금지의 원칙) : 23년 기출단문···········303
118. 손실보상(손실보상청구권) ····················································································305
119. 수용유사적 침해이론·································································································308
120. 수용적 침해이론···········································································································310
121. 희생보상이론(희생보상청구권) ·········································································312
122. 결과제거청구권············································································································314

경찰행정법

123. 경찰권 발동의 근거····································································································318
124. 경찰권 발동의 한계····································································································320
125. 일반적 수권조항(개괄적 수권조항) : 06년 단문기출······························322
126. 경찰책임의 원칙: 23년 기출단문·······································································324
127. 경찰책임의 승계··········································································································327
128. 제3자 경찰책임(경찰긴급권) ··············································································329
129. 불심검문··························································································································331
130. 무기사용··························································································································334
131. 위험방지를 위한 출입······························································································337
132. 보호조치··························································································································340
133. 위험발생방지조치와 범죄의 예방과 제지····················································343

Ⅱ부:사례

행정법의 기초이론 / 행정입법

01. 행정법의 일반원칙 case ···························································································346
(즉시강제, 절차상 하자, 자기구속. 신뢰보호. 비례원칙)
02. 특별권력관계 case ·······································································································353
(특별권력관계, 판단여지, 하자의 승계, 행정심판전치)
03. 별표 case ···························································································································359
(법규명령형식의 행정규칙, 부당결부금지원칙, 비례원칙)
04. 별표 case ···························································································································366
(법규명령형식의 행정규칙, 신뢰보호원칙, 주체상 하자)
05. 별표 case ···························································································································373
(법규명령형식의 행정규칙, 판단여지, 행정심판전치)
06. 법령보충적 행정규칙 case ······················································································381
(행정규칙형식의 법규명령, 협의의 소익, 취소소송의 기판력)
07. 행정개입청구권 case ··································································································388
(일반적 수권조항, 경찰개입청구권, 권리구제)
08. 행정개입청구권 case ··································································································395
(행정개입청구권, 국가배상책임의 성립요건)
09. 통치행위 case ·················································································································400
(통치행위 인정여부, 사법심사 가능성)
10. 신고와 신청, 허가와 예외적 승인 case ·····························································403
(신고와 신청, 허가와 예외적승인, 예방적 부작위소송)

행정행위 / 그 밖의 행위형식

11. 직권취소 case ·················································································································410
(직권취소, 직권취소의 취소와 원행정행위의 효력)
12. 부관 case ····························································································································415
(행정재산의 목적외 사용, 부관)
13. 부관 case ····························································································································422
(부관, 사후부관, 철회의 제한)
14. 행정계획 case ·················································································································427
(행정계획의 법적성질, 계획변경청구권)
15. 행정계획 case ··················································································································433
(행정계획의 법적성질, 형량명령이론, 취소판결의 기속력)
16. 행정지도 case ··················································································································438
(행정지도, 대상적격, 협의의 소익, 국가배상책임의 위법성)
17. 선결문제 case ··················································································································443
(가중적 제재처분과 협의의 소익, 민사법원과 선결문제)
18. 선결문제 case ··················································································································450
(무효와 취소, 하자의 치유와 전환, 형사법원과 선결문제)
19. 정보공개 case ··················································································································458
(청구권자, 비공개정보, 권리구제수단, 시민단체의 청구권)
20. 정보공개 case ··················································································································466
(청구권자, 비공개정보, 처분사유의 추가. 변경, 비공개사유)

행정절차법 / 정보공개법

21. 절차상 하자 case·············································································································474
(이유제시, 의견제출, 하자의 치유, 절차상 하자)
22. 공무원 임용결격 case ·································································································481
(무효.취소의 구별, 하자의 치유. 전환, 당연퇴직,
퇴직연금 지급청구 가능성)
23. 시보임용 / 징계 / 사실상 공무원이론 case ···················································490
(시보임용의 효력, 정규임용취소처분의 위법성,
해임처분의 구제수단, 사실상 공무원 이론)
24. 위헌법률에 근거한 처분의 효력 case ·······························································497
(위헌결정의 소급효, 위헌법률에 근거한 처분의 집행력)

행정의 실효성 확보수단

25. 대집행.계고.독촉 case······························································································502
(대집행, 하자의 승계, 실력행사 가능성, 독촉의 처분성)
26. 대집행.계고 case ·········································································································509
(반복된 계고와 취소소송의 대상, 하자의 승계)
27. 즉시강제 case ·················································································································514
(즉시강제, 국가배상법 제2조, 선택적청구 가능성)
28. 즉시강제 case ·················································································································521
(즉시강제, 경찰긴급권)
29. 행정조사 case ·················································································································527
(행정조사, 영장주의, 실력행사가능성, 위법 조사에 따른 처분)

행정쟁송

30. 취소소송의 제기요건 case ······················································································534
(대상적격 : 횡단보도설치, 벌점부과, 정년퇴직인사발령,의약품조달계약)
31. 원처분주의와 재결주의 case ·················································································541
(행정심판전치, 재결의 효력, 취소소송의 대상과 제소기간)
32. 경업자소송 case·············································································································549
(경업자소송, 사정판결, 인용재결에 대한 취소소송-제3자)
33. 경원자소송 case·············································································································554
(경원자소송, 처분사유의 추가. 변경, 취소판결의 기속력,
하자치유, 신뢰보호원칙)
34. 취소판결의 기속력 case····························································································561
(사전통지, 거부처분과 집행정지, 취소판결의 기속력)
35. 취소판결의 기속력 case····························································································566
(간접강제, 취소판결의 기속력, 경과규정과 기속력)

행정상 손해전보

36. 국가배상 case ················································································································572
(국가배상법 제2조, 공무원에 대한 구상권)
37. 국가배상 case ················································································································577
(국가배상법 제2조, 공무원에 대한 구상권, 선택적청구가능성)
38. 국가배상 case ················································································································583
(국가배상법 제2조, 제5조의 경합, 배상책임자)
39. 국가배상 case ················································································································590
(직접강제, 손실보상, 국가배상법 제2조, 국가에 대한 구상권)
40. 자배법. 이중배상금지 case ····················································································598
(자배법상 배상책임, 이중배상금지와 구상권)
41. 손실보상 case ················································································································603
(경찰공공의 원칙, 경찰비례의 원칙, 손실보상)
42. 희생보상청구권 case ·································································································609
(손실보상청구권 성립요건, 희생보상청구권 성립요건)
43. 행정심판 case ················································································································611
(임시처분, 일부취소)

경찰행정법

44. 경찰책임 case ················································································································616
(행위책임, 상태책임, 경찰긴급권)
45. 경찰책임 case ················································································································619
(행위책임, 상태책임, 다수책임자 경합, 경찰긴급권)
46. 경찰책임 case ················································································································623
(경찰책임의 경합, 경찰긴급권, 제재적 처분사유의 승계)
47. 경찰책임 case ················································································································629
(경찰책임의 승계, 하자의 승계, 공법인의 형식적 경찰책임)
48. 경찰책임 case ················································································································634
(일반적 수권조항, 경찰긴급권, 경찰비례의 원칙)
49. 불심검문 case ················································································································640
(불심검문, 비례의 원칙, 선결문제, 판단여지, 하자의 승계)
50. 무기사용 case ················································································································647
(불심검문, 무기사용의 요건과 한계, 비례원칙)

Ⅲ부:판례····································································································································655

Ⅳ부:부록

1. 연도별 기출문제···············································································································710
2. 주관식 답안지(양식)·······································································································730