2019 우선순위 행정법총론 - 전2권

1권

제1편 행정법통론
제1장 행 정 ························ 10
제1절 행정의 의의 ·· 10
제2절 통치행위 ······· 11
01 통치행위의 의의 ·················· 11
02 학설 및 판례 ························· 12
제2장 행정법 ······················ 20
제1절 행정법의 의의 ······························ 20
01 행정법의 의의 ······················ 20
제2절 법치행정의 원칙 ·························· 22
01 의 의 ······ 22
02 내 용 ······ 23
제3절 행정법의 법원 및 일반원칙(조리) ······························· 28
01 행정법의 법원 ······················ 28
02 비례의 원칙 ·························· 33
03 신뢰보호의 원칙 ·················· 40
04 평등의 원칙과 행정의 자기구속의 원칙 ·········· 48
05 부당결부금지의 원칙 ·········· 54
제4절 행정법의 효력 ······························ 56
01 시간적 효력 ·························· 56
02 지역적 효력 및 대인적 효력 ······························ 62
제3장 행정상의 법률관계 ······························ 64
제1절 행정상 법률관계의 구조 ·············· 64
01 의 의 ···· 64
02 공법관계 ······························ 65
03 사법관계 66
제2절 공법관계의 당사자 ······················· 67
01 종 류 ······ 67
02 행정주체 67
03 행정객체 71
제3절 공법관계의 내용 ·························· 71
01 국가적 공권 ·························· 71
02 개인적 공권 (＝주관적 공권) ···························· 71
제4절 특별권력관계이론 ························ 86
01 전통적 특별권력관계론 ······ 86
02 특별권력관계론의 극복 ······ 87
제5절 행정법상의 법률요건과 법률사실 ······························ 87
01 의 의 ······ 87
02 사인의 공법행위 ·················· 91
03 신 고 ······ 94
제2편 행정작용법
제1장 행정입법(행정상 입법) ······················· 104
제1절 개 설 ············· 104
01 실무상 표현과 강학상 표현 ······························· 104
제2절 법규명령 ······· 105
01 의의 및 종류 ························ 105
02 위임명령의 한계 ·················· 108
03 법규명령의 성립요건 및 효력요건 ··················· 111
04 법규명령과 행정규칙의 구별 ···························· 112
제3절 행정규칙 ······· 115
01 의 의 ······ 115
02 행정규칙에 해당하는 예 ···· 116
03 행정규칙에 반하는 행정처분 ···························· 116
04 종 류 ······ 116
05 행정규칙의 성립요건 및 효력요건 ··················· 121
제4절 행정입법에 대한 통제 ················· 123
01 법규명령에 대한 통제 ········ 123
02 행정규칙에 대한 통제 ········ 126
03 행정입법부작위 ··················· 128
제2장 행정행위 ················· 130
제1절 개 설 ············· 130
01 실무상 표현과 강학상 표현 ······························· 130
제2절 행정행위 ······· 134
01 법률행위적 행정행위 ·········· 134
02 준법률행위적 행정행위 ······ 172
03 제3자효 행정행위 (복효적 행정행위) ·············· 187
04 재량행위 ······························· 189
05 판단여지 ······························· 211
06 행정행위의 효력요건 ·········· 218
07 행정행위의 효력 ·················· 224
08 행정행위의 하자 ·················· 238
제3절 행정행위의 부관 ························· 297
01 실무상 표현과 강학상 표현 ······························· 297
02 부 관 ······ 298
제3장 그 밖의 행정의 행위형식 ·················· 320
제1절 확 약 ············· 320
01 실무상 표현 ·························· 320
02 의의 ······· 320
03 처분성 인정여부 ·················· 320
04 요건 및 근거 ························ 321
05 효 과 ······ 322
제2절 공법상 계약 ·· 323
01 실무상 표현의 대표적 예 ··· 323
02 의 의 ······ 323
03 요 건 ······ 324
04 종 류 ······ 324
05 공법상 계약이 아닌 경우 ··· 325
06 공법상 계약의 특수성 ········ 325
07 공법상 계약의 특징 ············ 327
08 처분성 문제 ·························· 329
제3절 행정상 사실행위 ························· 330
01 실무상 표현과 대표적 예 ··· 330
02 의의 및 종류 ························ 330
03 법적 근거 ······························ 331
04 행정쟁송 ······························· 332
제4절 행정지도 ······· 334
01 의 의 ······ 334
02 장점과 문제점 ······················ 334
03 법적 근거 ······························ 335
04 행정절차법상 행정지도의 원칙 및 방법 ·········· 336
05 행정쟁송 ······························· 337
제5절 행정계획 ······· 338
01 실무상 표현과 대표적 예 ··· 338
02 의 의 ···· 339
03 처분성 ··· 340
04 법적 근거 ······························ 341
05 행정계획절차 ······················· 341
06 행정계획의 집중효 ·············· 343
07 계획재량 ······························· 344
08 계획보장청구권 ·················· 346
09 권리구제 ······························· 348

2권

제3편 행정상의 의무이행확보수단
제1장 개 설 ························ 12
제2장 행정강제 ················· 14
제1절 행정상 강제집행 ·························· 14
01 개 설 ······ 14
02 행정상 강제집행의 수단 ····· 16
제2절 행정상 즉시강제 ·························· 35
01 개 설 ······ 35
02 행정상 즉시강제수단의 종류 ····························· 35
03 한 계 ······ 36
04 행정상 즉시강제에 대한 구제 ··························· 37
제3장 행정조사 ················· 40
제1절 개 설 ·············· 40
01 행정조사의 개념 ·················· 40
02 행정조사의 법적 성질 ········· 40
03 행정조사의 종류 ·················· 40
04 법적 근거 ······························ 41
05 행정조사의 한계 및 구제 ··· 41
제4장 행정벌 ······················ 46
제1절 개 설 ·············· 46
01 의 의 ······ 46
02 행정법의 성질 ······················ 46
03 행정벌의 근거 ······················ 47
04 행정벌의 종류 및 본질 ······· 48
제2절 행정형벌 ······· 49
01 행정형벌의 특수성 ·············· 49
02 행정형벌의 과벌절차 ·········· 51
제3절 행정질서벌 ··· 53
01 행정형벌과 행정질서벌의 병과 가능성 ··········· 53
02 행정질서벌과 죄형법정주의 ······························ 54
03 행정질서벌의 법적 성질 ····· 54
제5장 새로운 실효성 확보수단 ···················· 56
제1절 금전상의 제재 ······························ 56
01 과징금 ··· 56
02 가산금 ··· 59
03 가산세 ··· 59
제2절 공급거부 ······· 60
제3절 행정상 공표(위반사실의 공표) ··· 60
01 개 설 ······ 60
02 한 계 ······ 61
03 구 제 ······ 62
제4절 관허사업의 제한 ·························· 62
01 개 설 ······ 62
02 한계 및 문제점 ····················· 63
제4편 행정절차법
제1장 행정절차 ················· 66
제1절 행정절차의 기능 ·························· 66
제2절 행정절차의 법적 근거 ·················· 67
01 법 률 ······ 67
02 헌 법 ······ 67
제3절 행정절차법의 구조 ······················· 68
01 구 조 ······ 68
02 행정절차법상 규정이 안 된 내용 ······················ 75
03 행정절차의 하자 ·················· 75
04 행정절차법의 주요 판례 ····· 77
05 행정절차법의 조문 ·············· 81
제2장 정보공개 ················· 84
제1절 정보공개제도 ······························· 84
01 의 의 ······ 84
02 법적 근거 ······························ 87
03 정보공개법의 주요 판례 ····· 88
04 정보공개법의 조문 ·············· 94
제3장 개인정보보호 ········· 98
제1절 개인정보보호제도 ························ 98
01 의 의 ······ 98
02 법적 근거 ······························ 98
03 개인정보보호법의 주요 판례 ····························· 98
04 개인정보보호법의 조문 ······ 99
제5편 행정구제법
제1장 행정상 손해전보 ·· 108
제1절 행정상 손해배상 ·························· 108
01 국가배상의 의의 ·················· 108
02 국가배상법의 법적 근거 ···· 108
03 공무원의 위법한 직무행위로 인한 손해배상 ·· 118
04 영조물의 설치?관리의 하자로 인한 손해배상 ····························· 172
05 행정상 손해배상의 청구절차 ···························· 187
제2절 행정상 손실보상 ·························· 190
01 개 설 ······ 190
02 손실보상청구권의 성질 ······ 197
03 행정상 손실보상의 요건 ···· 197
04 손실보상의 기준과 내용 ···· 204
05 보상의 방법과 지급 ············ 234
06 행정상 공용수용 절차 ········ 235
07 재결에 대한 권리구제 ········ 242
제3절 그 밖의 손해전보제도 ················· 249
01 수용유사침해 ······················· 249
02 수용적 침해 ·························· 249
03 희생보상청구권 ··················· 249
제4절 공법상 결과제거청구권 ··············· 250
01 의 의 ······ 250
02 요 건 ······ 250
03 효 과 ······ 251
04 쟁송절차 ······························· 251
제2장 행정소송 ················· 252
제1절 행정쟁송의 의의 및 종류 ············· 252
01 의 의 ···· 252
02 종 류 ······ 252
제2절 행정소송의 한계 ·························· 253
01 사법의 본질적 한계 ············ 253
02 권력분립 및 사법의 기능상 한계 ····················· 254
제3절 취소소송 ······· 259
01 의 의 ······ 259
02 성 질 ···· 259
03 소송요건 ······························· 261
04 본안심리 ······························· 346
05 가구제 (잠정적 권리보호) · 362
06 취소소송의 판결 ·················· 375
07 취소소송의 불복절차 (상소, 재심 및 헌법소원) ···························· 394
제4절 무효등확인소송 ··························· 396
01 개 설 ······ 396
02 주요 소송요건 ······················ 396
03 본안심리 ······························· 397
04 판 결 ······ 398
제5절 부작위위법확인소송 ···················· 403
01 의의 및 한계 ························ 403
02 성 질 ······ 403
03 주요 소송요건 ······················ 403
04 본안심리 ······························· 405
05 판 결 ······ 405
제6절 당사자소송 ··· 409
01 개 설 ······ 409
02 당사자 소송의 종류 ············ 409
03 당사자 소송의 주요 요건 ··· 419
04 당사자소송의 본안심사 ······ 421
05 당사자소송의 판결 ·············· 421
06 가집행선고 ··························· 421
제7절 객관적 소송 ·· 422
01 개 설 ······ 422
02 민중소송 ······························· 422
03 기관소송 ······························· 424
제3장 청원 및 옴부즈만제도 ························ 428
제1절 청 원 ············· 428
01 청원의 의의 ·························· 428
02 청원법 ··· 428
제2절 옴부즈만, 민원처리제도 ·············· 429
01 옴부즈만제도 ······················· 429
02 우리나라의 제도 ·················· 429
제4장 행정심판 ················· 436
제1절 행정심판의 의의 ·························· 436
01 행정심판의 의의 ·················· 436
02 행정심판의 기능(존재이유) ······························· 437
제2절 행정심판의 종류 ·························· 439
01 행정심판법상의 행정심판의 종류 ···················· 439
제3절 행정심판의 대상 ·························· 443
01 개괄주의 ······························· 443
02 행정심판법상 행정심판의 대상 ························ 443
제4절 행정심판의 심리 ·························· 444
01 심리의 내용과 범위 ············ 444
02 심리의 기본원칙 ·················· 444
제5절 행정심판의 재결 ·························· 446
01 재결의 의의 ·························· 446
02 재결의 성질 ·························· 446
03 재결의 절차 ·························· 447
04 재결의 종류 ·························· 448
05 재결의 효력 ·························· 450
06 재결에 대한 행정소송 ········ 453
제6절 고지제도 ······· 455
01 개 설 ······ 455
02 고지제도의 법적 근거 ········ 455
03 고지의 종류 ·························· 456
04 불고지 및 오고지의 효과 ··· 456
05 행정절차법상 고지와 행정심판법상 고지 ······· 457