2026 경찰행정법 주관식 실력탄탄 2 : 실전답안용 (단문.사례)

INTRO
01. Prologue
02. 합격자들의 실탄2 활용법 및 노하우
03. 행정법 개관도
04. 교재의 특징 및 활용법 12가지
05. 학습진도 및 스케줄표
06. 실탄시리즈 합격 커리큘럼
07. 좌뇌와 우뇌를 활용한 행정법 암기법

1부: 단문편

< 독학수험생들을 위한 행정법 입문편(기초이론) > ·····002
Ⅰ. 행정법의 기초이론 / 행정입법

01. 법치행정의 원칙 ★★★·················································024
02. 법률유보의 원칙 ★★·····················································026

사례01. 행정법의 일반원칙 case ★★★★ ··························028
예비01. 비례의 원칙 ★ ························································031
예비02. 부당결부금지의 원칙 ★ ··········································032
예비03. 자기구속의 원칙 ★ ·················································033
예비04. 신뢰보호의 원칙 ★ ·················································034
03. 행정사법 ★★★·····························································036
04. 행정법에 대한 사법규정 적용 ★★★·····························038
05. 사인의 공법행위 ★★★·················································040
06. 신고와 신청의 구별 ★★★ ············································042
07. 개인적 공권 ★★★★ ····················································044
08. 무하자재량행사청구권 ★★★★ ····································046
09. 행정개입청구권 ★★★★ ···············································048
10. 특별권력관계 ★★★★··················································050
11. 통치행위 ★★★·····························································052
예비05. 법규명령 ★ ·····························································054
12. 행정규칙 ★★★·····························································056
예비06. 훈령 ★ ····································································058
13. 법행과 행법 ★★★ ························································060
사례02. 별표 case ★★★★ ················································062

Ⅱ. 행정행위 / 그 밖의 행위형식

14. 행정행위의 개념 ★★·····················································066
예비07. 일반처분 ★ ·····························································068
15. 행정행위의 특수성 ★★★ ··············································070
16. 재량행위의 한계와 통제 ★★★★ ··································072
17. 명령적 행정행위 ★★★·················································074
18. 예외적 승인 ★★★★ ····················································076
19. 형성적 행정행위 ★★★·················································078
20. 특허 ★★★ ····································································080
21. 준법률행위적 행정행위 ★★★★ ···································082
22. 공정력 ★★★★·····························································084
23. 구성요건적 효력과 선결문제 ★★★★···························086
사례03. 선결문제 case ★★★★ ·········································088
24. 존속력 ★★★································································090
예비08 하자일반론 ★ ··························································092
25. 무효와 취소의 구별 ★★★★ ·········································094
26. 하자의 치유와 전환 ★★★★ ·········································096
27. 하자의 전환 ★★★★ ····················································098
28. 하자의 승계 ★★★★ ····················································100
예비09. 위헌법률에 근거한 처분의 효력·······························102
29. 직권취소와 철회의 구별 ★★★·····································104
30. 직권취소와 쟁송취소의 구별 ★★★······························106
사례04. 직권취소와 철회 case ★★★★ ·····························108
사례05. 판단여지 case ★★★★ ·········································111
31. 부관 ★★★★ ································································112
사례06. 부관 case ★★★★ ················································114
사례07. 행정재산 목적외 사용허가 case ★★★★ ··············117
예비10. 부담 ★ ····································································118
예비11. 단계적 행정결정 ★ ·················································120
32. 확약 ★★★★ ································································122
33. 행정계획 ★★★★ ·························································124
34. 공법상 계약 ★★★★ ····················································126
35. 행정상 사실행위 ★★★★ ·············································128
36. 행정지도 ★★★★ ·························································130

Ⅲ. 행정절차법 / 정보공개법

예비12. 행정절차법상 처분절차 ★ ·······································134
사례08. 절차상 하자 case ★★★★ ····································136
사례09. 정보공개 case ★★★★ ·········································140

Ⅳ. 행정의 실효성 확보수단

37. 대집행 ★★★★·····························································146
사례10. 대집행 case ★★★★·············································148
예비13. 강제징수 ★ ·····························································150
예비14. 이행강제금 ★ ·························································152
예비15. 직접강제 ★ ·····························································154
예비16. 즉시강제 ★ ·····························································156
사례11. 즉시강제 case ★★★★ ·········································158
38. 행정질서벌의 특수성 ★★··············································160
39. 새로운 의무이행 확보수단 ★★★★ ······························162
40. 공표 ★★★★ ································································164
41. 과징금 ★★★★·····························································166
예비17. 공급거부 ★ ·····························································168
42. 행정조사 ★★★★ ·························································170

Ⅴ. 행정쟁송

43. 행정소송의 한계 ★★★★ ·············································174
44. 의무이행심판 ★★★★··················································176
45. 무효등확인소송 ★★★★ ···············································178
46. 부작위위법확인소송 ★★★★········································180
예비18. 무명항고소송 ★ ······················································182
예비19. 당사자소송 ★ ·························································183
47. 원처분주의와 재결주의 ★★★★ ···································184
48. 대상적격 ★★································································186
사례12. 원고적격 case ★★★★ ·········································188
49. 협의의 소익 ★★····························································190
예비20. 피고적격 ★ ·····························································192
예비21. 제소기간 ★ ·····························································193
50. 행정심판전치 ★★·························································194
51. 처분사유의 추가･변경 ★★★★·····································196
사례13. 집행정지 case ★★★★ ·········································198
52. 행정청의 부작위에 대한 구제 ★★★★ ·························200
사례14. 사정판결 case ★★★★ ·········································202
53. 취소판결의 기속력 ★★★★··········································204
54. 간접강제 ★★★ ·····························································206
55. 이의신청 ★★★ ·····························································208
예비22. 재심사 ★ ································································210
56. 이의신청 및 재심사 ★★★············································212
예비23. 행정심판의 재결 ★ ·················································214
57. 행정심판의 재처분의무 실효성 확보 ★★······················216

Ⅵ. 행정상 손해전보

58. 국가배상법 제2조 ★★··················································220
59. 국가배상법 제5조 ★★··················································222
60. 국가배상법 제6조의 배상책임자 ★★····························224
사례15. 국가배상 case ★★★★ ·········································226
61. 손실보상 ★★★★ ·························································232
62. 수용적･수용유사적 침해이론 ★★★★··························234
63. 희생보상이론 ★★★★ ··················································236
64. 결과제거청구권 ★★★★ ···············································238

Ⅶ. 경찰행정법

65. 경찰권 발동의 근거와 한계 ★★★★·····························242
사례16. 경찰책임 case ★★★★ ·········································244
66. 경찰책임의 승계 ★★★ ·················································246
67. 제3자 경찰책임 ★★★★ ···············································248
68. 불심검문 ★★★★ ·························································250
69. 무기사용 ★★★★ ·························································252
70. 위험방지를 위한 출입 ★★★·········································254
예비24. 보호조치 ★ ·····························································256
예비25. 위험방지와 범죄예방･제지 ★ ·································258

2부: 사례편 ★★★★★

< 독학수험생을 위한 사례공략편(기본공식) > ·······262

Ⅰ. 행정법의 기초이론 / 행정입법

01. 판단여지 / 특별권력관계 / 피고적격 case ·····················302
: 판단여지, 하자승계, 특별권력관계, 변경명령재결, 피고적격
02. 별표 / 직권취소 / 철회 case ··········································312
: 법규명령형식의 행정규칙, 직권취소, 주체상 하자,
행정입법의 통제방법, 철회, 신뢰보호원칙
03. 행정개입청구권과 구제수단 case ···································322
: 행정개입청구권과 구제수단(행정심판, 행정소송, 국가배상)
04. 통치행위 / 무하자재량행사청구권 / 확약 case ··············330
: 통치행위, 집행정지, 가처분, 무하자재량행사청구권, 확약

Ⅱ. 행정행위 / 그 밖의 행위형식

05. 부관 / 행정재산 목적외 사용 case ·································342
: 행정재산 목적외 사용허가, 사후부관,
부관의 가능성과 한계, 부관의 독립쟁송･취소가능성
06. 주민소송 / 공정력 / 형사법원과 선결문제 case ············350
: 무효와 취소의 구별기준, 공정력, 형사법원과 선결문제,
취소판결과 기속력, 원고적격(제3자, 주민소송)
07. 법령보충적 행정규칙 / 취소소송의 기판력과 국가배상 /
직권취소의 취소 / 민사법원과 선결문제 case ···············360
: 행정규칙형식의 법규명령, 취소소송의 기판력과 국가배상,
민사법원과 선결문제, 가중적 제재처분과 협의의 소익,
직권취소의 취소
08. 별표 / 직접강제 / 소청심사위원회 case ·······················370
: 법규명령형식의 행정규칙, 직접강제, 대상적격, 협의의 소익,
소청심사위원회의 법적지위, 소청결정의 종류, 형성재결 효력
09. 예외적 승인과 허가 / 신고와 신청 / 거부처분 /
예방적금지소송 / 확인의 이익 case ······························376
: 예외적 승인, 예방적금지소송, 거부처분, 사전통지,
신고와 신청, 수리의 효력, 확인의 이익

Ⅲ. 행정절차법 / 정보공개법

10. 절차상 하자 / 부작위에 대한 구제수단 case ··················388
: ① 행정청 부작위에 대한 권리구제수단, 절차상 하자(청문),
경찰권 발동의 한계(경찰책임･비례원칙)
② 절차상 하자(이유제시･의견제출), 절차상 하자의
치유가능성과 한계, 절차상 하자의 독자적 위법성
11. 정보공개 / 집행정지 / 처분사유의 추가･변경 case ·······404
: ① 비공개정보, 시민단체의 원고적격, 청구인의 권리구제,
공개결정전･후 권리구제, 집행정지, ② 비공개 사유,
간접강제, 처분사유의 추가･변경, 법무부령의 비공개 사유

Ⅳ. 행정의 실효성 확보수단

12. 대집행, 계고 / 강제집행 case········································422
: ① 반복계고, 철거명령과 계고의 동시가능성, 하자승계, 제재효과의
승계, ② 대집행, 하자승계, 실력행사 가능성, 반복독촉, ③ 강제집행
(대집행･이행강제금･직접강제), 대집행, 대집행에 대한 구제수단
13. 행정조사 case ································································446
: 행정조사, 실력행사, 위법한 조사에 기초한 처분, 영장주의, 하명, 협의의 소익
14. 즉시강제 case ································································456
: 즉시강제, 대상적격, 협의의 소익

Ⅴ. 행정쟁송

15. 행정계획 / 취소판결의 기속력 case·······························464
: 취소소송의 적법요건(대원소피), 계획보장청구권,
절차상 하자, 형량하자, 취소판결의 기속력
16. 실권의 법리 / 성실의무원칙 /
일반처분(대상적격･원고적격) case ·······························472
: 실권의법리, 신뢰보호원칙, 성실의무원칙, 비례원칙,
일반처분(대상적격･원고적격)
17. 경업자소송 / 경원자소송 / 사정판결 /
원처분주의와 재결주의 case·········································478
: 경업자소송, 경원자소송, 사정판결, 원처분주의와 재결주의
18. 공무원 임용결격 / 직위해제(협의의 소익) case ·············486
: 공무원 임용결격, 당연퇴직 발령통지, 하자의 치유･전환,
신뢰보호원칙, 직위해제(협의의 소익)
19. 행정심판 case ································································494
: 임시처분(가구제), 일부취소

Ⅵ. 행정상 손해전보

20. 국가배상 case ································································500
: ① 국배법 제2조(부작위), 국배법 제5조, 국배법 제2조와 제5조의 경합,
배상책임자, ② 자배법상 배상책임(공적운행･사적운행),
공동불법행위자인 사인의 구상권, 이중배상금지
21. 희생보상이론 / 수용적침해이론 /
경찰권 발동의 한계 / 즉시강제 case ·····························514
: ① 희생보상, 경찰권 발동의 한계(경찰공공･비례원칙), 손실보상,
② 법률유보, 자기구속･신뢰보호･비례원칙, 즉시강제, 수용적침해
22. 행정지도 / 경과실 공무원 / 법령해석 하자 case···········532
: 행정지도(취소소송의 적법요건, 국가배상법 제2조),
경과실 공무원, 법령해석의 하자, 이중배상금지

Ⅶ. 경찰행정법

23. 불심검문 / 무기사용 case··············································544
: 불심검문, 무기사용, 국배법 제2조(작위), 국가의 구상권,
공무원의 배상책임(선택적 청구)
24. 경찰책임 / 제3자 경찰책임 / 경찰책임의 승계 /
손실보상 case ·······························································554
: 경찰책임, 비용상환청구권, 제3자 경찰책임, 손실보상,
제재사유의 승계, 공법인의 경찰책임
25. 경찰권 발동의 한계 / 불문경고 / 과징금 / 공표 case ···564
: 경찰권 발동의 한계, 일반적수권조항, 경찰공공･비례원칙,
불문경고, 과징금, 공표
26. 경찰권 발동의 한계(음주측정) case ·······························572
: 경찰권 발동의 한계(사설도로에서 음주측정),
경찰권 발동의 한계(아파트 주차장에서 음주측정)

3부: 부록편
1. 사례 유형별 목차···················································580
2. 경감승진 & 경간부 기출논점 연습······················592
3. 답안작성 실전연습(모의고사 5회분)···················607
4. 주관식 고득점 답안작성 Tip································620
5. 시험 당일 컨디션 관리 Tip···································622
6. 경찰행정법(주관식) 기출 분석·····························626
7. 중요 단문･사례 20선············································627
8. 자주 물어보는 질문 Q&A·····································630
9. 시험정보 미리보기················································631
10. 답안지 양식(객관식･주관식)·······························632