실무 행정법 노트

1 서론
제1항 공법과 사법 ·······························13
제2항 행정의 법률적합성의 원칙 ························20
제3항 행정법의 법원 ······························25
제4항 행정입법 ·································3
제5항 행정행위(처분) ······························42
제6항 법령의 해석⸱적용 ····························52
제7항 행정법 강의 ·······························56
2 행정조직과 권한
제1절 개설 ································· 63
제1항 행정주체와 행정기관 ··························63
제2항 행정 권한 ································6
제2절 국가행정 ······························ 7
제3절 지방자치 ······························ 79
제1항 지방자치단체 ······························79
제2항 조직 ···································82
제3항 주민 ···································86
제4항 지방자치단체의 사무 ··························89
제5항 자치입법 ·································92
제6항 통제 ··································101
3 행정절차와 불복고지⸱민원
제1절 행정절차법 ···························· 11
제1항 처분의 절차 ······························11
제2항 신고⸱입법예고⸱행정예고⸱행정지도 ···················131
제3항 행정절차법의 적용범위 ························134
제4항 행정절차의 하자 ····························137
제2절 불복고지제도 ··························· 141
제3절 청원⸱민원⸱진정 ·························· 146
4 항고쟁송
제1절 개설 ································ 153
제2절 소송요건과 본안판단 ······················· 156
제1항 개설 ··································156
제2항 소송요건 ································160
제3항 본안 요건 ································197
제3절 잠정적 권리구제 ·························· 207
5 국가배상⸱손실보상
제1절 국가배상법 ···························· 21
제1항 공무원의 불법행위 책임 ························21
제2항 자동차손해배상책임의 성립요건 ····················235
제3항 공물의 설치⸱관리상의 하자 책임 ····················239
제4항 손해의 배상 ······························248
제2절 손실보상 ······························ 263
제1항 일반론 ·································263
제2항 보상의 절차 ······························272
제3항 도시계획과 손실보상 ·························284
제3절 국가책임제도의 보완 ······················· 289
6 행정강제
제1절 강제징수 ······························ 293
제2절 행정대집행 ···························· 30
제3절 기 타 ······························· 31
제1항 과태료 ·································31
제2항 과징금 ·································314
제3항 이행강제금 ·······························317
제4항 가산세⸱가산금 ·····························324
제5항 관허사업의 제한 ····························327
제6항 공표 ··································31
7 공무원법
제1절 특별권력관계론 ·························· 39
제2절 국가공무원법 ··························· 34
제1항 개설 ··································34
제2항 임용 ··································348
제3항 종료 ··································35
제4항 징계 ··································365
8 주요 개별법
제1절 ｢공공기관의 정보공개에 관한 법률｣ ··············· 381
제2절 도로교통법 ···························· 402
제3절 식품위생법 ···························· 417
제1항 영업의 개시 ······························417
제2항 승계 ··································425
제3항 제재처분 ································431
제4절 ｢국토의 계획 및 이용에 관한 법률｣ ··············· 456
제1항 도시 계획 ································456
제2항 개발행위 ································473
제3항 환경영향평가 ······························47
제5절 건축법 ······························· 480
제1항 건축허가와 건축신고 ··························480
제2항 시정명령 및 후속 조치 ·························50
제6절 ｢도시 및 주거환경정비법｣ ···················· 502
제7절 학교 관련 개별법 ························· 52
제1항 ｢학교폭력 예방 및 대책에 관한 법률｣ ·················52
제2항 ｢교육환경보호에 관한 법률｣ ······················536
제3항 ｢학교용지 확보 등에 관한 특례법｣ ··················541
제8절 ｢부동산 실권리자명의 등기에 관한 법률｣ ············ 54
9 소송의 수행
제1항 소송수행자 ·······························55
제2항 주장 ··································57
제3항 서면 작성 ································560
제4항 증거 ··································568
제5항 기일 ··································571
제6항 종결 및 상소 ······························573
찾아보기 ····································· 575

제2항 행정의 법률적합성의 원칙
1. 민사와 행정의 차이
(1) 토지사용허락
어떤 사람이 내 땅에 집을 지을 수 있게 허락해 달라고 한다.
1) 토지주는 토지사용허락 여부를 자기 마음대로 결정할 수 있는가?
2) 이렇게 당사자의 의사에 따라 계약의 성립여부를 결정할 수 있도록 하는 원
칙을 무엇이라고 하는가?

(2) 건축허가와 민원
A는 장례식장 건축허가 신청을 하였다. 그러자 인근 주민들이 땅값이 떨어진다고 데모를 하면서 민원을 제기하였다.
1) 관할 행정청의 장은 주민들의 민원을 무시하면 선거에서 불리하므로 법령에 없는 여러 가지 이유를 들어 장례식장 건축을 불허할 수 있을까?
2) 허가 여부의 기준은 무엇인가?

(3) 소결
행정은 행정담당자나 권력자의 의사가 아니라 법령에 적합하게 행해져야 한다.