2023 김정일 행정법 요론 1

PART 00. 법학의 기초
제1장 법학의 기초 ································································4
제1절 법의 개념 ······················································································4
제2절 법의 구성 ······················································································5
제3절 법원(법의 존재형태) ·····································································6
제4절 법의 분류 ····················································································10
제5절 법률관계 ······················································································13
제6절 권리·의무의 주체와 객체 등 ·····················································15
제7절 법률상 쟁송 ·················································································17
제2장 소송의 기초 ······························································18
제3장 행정법의 기초 ·························································24
제1절 행 정 ····························································································24
제2절 행정법 ·························································································25
제3절 행정법관계 ··················································································26
제4절 행정구제 ······················································································28
제5절 행정구제 개관 ············································································30

PART 01. 행정법 서론
제1장 행정 ···········································································34
제1절 행정의 의의 ·················································································34
제2절 통치행위 ······················································································35
제2장 행정법 ·······································································36
제1절 행정법의 의의 ·············································································36
제2절 행정법의 지도원리 ·····································································37
제3절 법치행정 ······················································································37
제4절 법률유보 ······················································································38
제5절 행정법의 법원 ············································································40
제6절 행정법의 법원 상호간의 관계 ··················································42
제7절 행정법의 일반원칙 ·····································································44
제8절 평등원칙 ······················································································44
제9절 행정의 자기구속의 원칙 ····························································46
제10절 비례원칙 ····················································································48
제11절 부당결부금지 원칙 ····································································49
제12절 신뢰보호의 원칙 ········································································51
제13절 실권의 법리 ···············································································54
제14절 신의성실의 원칙 ·······································································56
제15절 행정법규정의 흠결과 보충 ·······················································57
제16절 행정법의 효력 ···········································································57
제3장 행정상 법률관계 ······················································61
제1절 공법관계와 사법관계 ···································································61
제2절 행정상 법률관계의 종류 ····························································63
제3절 행정사법 ······················································································64
제4절 행정법관계의 당사자 ·································································64
제5절 공무수탁사인 ··············································································65
제6절 행정법관계의 특질 ·····································································67
제7절 행정법관계의 내용 ·····································································67
제8절 행정법관계에서의 개인적 공권 ················································68
제9절 특별행정법관계 ···········································································73
제4장 행정법상 법률요건과 법률사실 ·····························76
제1절 의의 및 종류 ···············································································76
제2절 공법상 사건 ·················································································77
제3절 행정법상 용태 ············································································79
제4절 사인의 공법행위 ·········································································79
제5절 신 고 ···························································································84

PART 02. 행정 작용법
제1장 행정입법 ···································································94
제1절 법규명령 ······················································································95
제2절 행정규칙 ····················································································108
제3절 입법형식과 규율사항이 불일치한 행정입법 ····························111
제2장 행정행위 ··································································116
제1절 행정행위의 개념과 특수성 ························································116
제2절 행정행위의 종류 ·······································································120
제3절 기속행위와 재량행위 ·································································121
제4절 가행정행위, 사전결정, 부분허가 ·············································130
제5절 법률행위적 행정행위 ································································133
제6절 준법률행위적 행정행위 ·····························································141
제7절 행정행위의 부관 ·······································································144
제8절 행정행위의 성립요건·효력요건·적법요건 ·······························157
제9절 행정행위의 효력 ·······································································158
제10절 행정행위의 하자 ·····································································165
제11절 위헌인 법률에 근거한 처분 ····················································176
제12절 행정행위의 무효 ······································································182
제13절 행정행위의 취소 ······································································182
제14절 행정행위의 철회 ······································································186
제15절 행정행위의 실효 ······································································191
제16절 행정행위의 변경 ······································································192
제3장 확약 ·········································································194
제4장 공법상 계약 ····························································197
제5장 행정상 사실행위 ····················································198
제1절 행정상 사실행위 개설 ······························································198
제2절 행정지도 ····················································································201
제3절 공법상 사실행위로서의 경고 ··················································203
제6장 행정계획 ·································································205

PART 03. 행정절차·정보공개
제1장 행정절차 ·································································220
제1절 행정절차 개설 ···········································································220
제2절 처분기준의 설정 및 공표 ························································232
제3절 이유제시 ····················································································232
제2장 정보공개청구 ·························································235
제1절 정보공개청구 ·············································································235

PART 04. 행정의 실효성 확보수단
제1장 행정상 강제집행 ····················································246
제1절 서 설 ··························································································246
제2절 대집행 ·······················································································248
제3절 이행강제금 ················································································254
제4절 직접강제 ····················································································257
제5절 행정상 강제징수 ·······································································259
제2장 새로운 의무이행 확보수단 ··································260
제1절 과징금, 가산세, 가산금 ····························································260
제2절 위반사실의 공표 - 명단공표 ·················································262
제3절 관허사업의 제한 ·······································································267
제3장 행정상 즉시강제와 행정조사 ·······························269
제1절 행정상 즉시강제 ·······································································269
제2절 행정조사 ····················································································273