2014 신월 행정법각론

제5편 행정조직법

제1장 개 설
제1절 행정조직법 개관 ········································ 12
01 행정조직법의 의의 및 성질 ······················ 12
02 현대 행정조직의 특색과 유형 ·················· 13
제2절 행정기관의 의의 및 종류 ························ 14
01 행정기관의 의의 및 성질 ·························· 14
02 행정기관의 종류 ········································· 15
제3절 행정관청의 권한(관할) ···························· 18
01 행정관청의 권한의 의의 ··························· 18
02 행정관청의 권한의 한계 ··························· 18
03 행정관청의 권한행사의 방식?효과 ······· 19
제4절 행정관청 상호 간의 관계 ························ 21
01 대등관청 상호 간의 관계 ·························· 21
1. 권한의 존중 ·············································· 21
2. 상호협력관계 ··········································· 21
02 상하관청 상호 간의 관계 ·························· 23
1. 권한감독관계 ··········································· 23
2. 권한대리관계 ··········································· 26
3. 권한위임관계 ··········································· 30
제1장 핵심 실전 문제 ··········································· 40

제2장 국가행정조직법
제1절 개 설 ········ 47
제2절 중앙행정조직법 ·········································· 48
제3절 지방행정조직법 ·········································· 50
제2장 핵심 실전 문제 ··········································· 52

제3장 자치행정조직법
제1절 개 설 ········ 54
01 자치행정의 의의 ········································· 54
02 자치행정의 본질 ········································· 54
1. 지방자치의 연혁 ······································ 54
2. 우리나라의 지방자치 ······························ 55
03 자치행정의 현대적 기능과 위기 ·············· 57
04 자치행정의 종류 ········································· 57
제2절 지방자치단체법 ·········································· 58
01 개 설 ········ 58
02 지방자치단체의 기관 ································· 76
03 지방자치단체의 사무 ································· 81
1. 자치사무(고유사무?공공사무) ············ 81
2. 위임사무 ··················································· 82
3. 자치사무와 기관위임사무의 구별실익 · 86
04 지방자치단체의 권한(자치고권) ·············· 89
05 지방자치단체 상호 간의 관계 ················· 102
06 지방자치단체에 대한 국가의 지도?감독 ··················································· 104
07 세종특별자치시?제주특별자치도의 특례 ·················································· 110
제3장 핵심 실전 문제 ·········································· 112

제4장 공무원법
제1절 개 설 ········ 130
01 공무원의 개념 ············································· 130
02 공무원의 종류 ············································· 131
03 우리나라의 공무원제도 ····························· 132
제2절 공무원관계의 발생?변경?소멸 ········· 134
01 공무원관계의 발생(임명) ·························· 134
02 공무원관계의 변경 ····································· 141
03 공무원관계의 소멸 ····································· 143
04 불이익처분에 대한 구제(공무원의 권익보장수단) ································· 147
제3절 공무원의 권리?의무?책임 ················· 154
01 공무원의 권리 ············································· 154
02 공무원의 의무 ············································· 158
03 공무원의 책임 ············································· 167
제4장 핵심 실전 문제 ·········································· 178

제6편 특별행정작용법

제1장 개 설

제2장 질서행정법
제1절 경찰의 개념과 종류 ·································· 195
01 경찰의 개념 ················································· 195
02 경찰의 종류 ················································· 195
제2절 경찰의 조직 ················································ 199
01 보통경찰기관 ··············································· 199
02 특별경찰기관 ··············································· 200
제3절 경찰권의 근거와 한계 ····························· 201
01 경찰권의 근거 ············································· 201
02 경찰권의 한계 ············································· 211
1. 법규상의 한계 ·········································· 211
2. 조리상의 한계 ·········································· 211
3. 적극적 한계 ·············································· 216
제4절 경찰작용 216
01 경찰하명 · 216
02 경찰허가 · 217
03 경찰강제 · 219
04 경찰벌 ····· 219
제2장 핵심 실전 문제 ·········································· 222

제3장 급부행정법
제1절 개 설 ········ 234
제2절 공급행정 236
01 공물법 ····· 236
02 공기업법 · 259
제3절 사회보장행정 ·············································· 273
제4절 조성행정 288
제3장 핵심 실전 문제 ·········································· 292

제4장 규제행정법
제1절 개 설 ········ 314
제2절 경제규제행정법 ········································· 315
제3절 환경규제행정법 ········································· 316
01 생활공간규제행정법 ·································· 316
02 환경오염규제행정법 ·································· 347
제4장 핵심 실전 문제 ·········································· 368

제5장 공용부담법
제1절 개 설 ········ 378
제2절 인적 공용부담 ············································ 379
제3절 물적 공용부담 ············································ 384
01 공용수용 · 384
02 공용제한 · 409
03 공용환지 · 412
04 공용환권 · 418
제5장 핵심 실전 문제 ·········································· 428

제6장 재무행정법
제1절 개 설 ········ 444
제2절 재정의 내용 ················································ 445
01 재정권력작용 ··············································· 445
02 재정관리작용 ··············································· 447
제3절 조 세 ········ 447
제4절 전 매 ········ 462
제5절 회 계 ········ 462
제6장 핵심 실전 문제 ·········································· 470

제7장 군사행정법
제7장 핵심 실전 문제 ·········································· 480

색 인(INDEX) 484
참고문헌(參考文獻) ········································· 488

완벽한 행정법 지침서가 될 수 있도록
행정법각론의 내용에 대하여 전반적으로 기술해 보았다. 본 교재는 행정법의 이론적 연구서로서가 아닌 각종 주?객관식 시험에 대비하기 위한 수험용 준비서이다.
시험과목으로서의 행정법은 교과서가 많고 이론 편차가 심한 과목이어서 행정법을 공부해야 하는 수험생들에게는 여간 고통스러운 것이 아니다. 이에 후진 말학인 본인이 행정법의 요약서 내지 sub-note 이상으로 최대한 학습효과를 높이기 위하여 본 교재를 작성해 보았으나, 수험생 여러분에게 얼마나 도움이 될지 걱정스러운 마음이다. 부족한 본인이 좀 더 공부하고 연구하여 계속 수정?보완함으로써 완벽한 행정법 지침서가 될 수 있도록 최선의 노력으로 정진할 것을 약속한다.
본서를 작성하면서 가장 유의한 점은, 방대한 양의 행정법을 이 한 권으로 정리할 수 있게 하자는 것이었다. 기호에 따라 인생을 선택할 수는 없다. 이기기 위해서 적을 알아야 하고 완전하기 위해서 그 반대를 알아야 하듯이 행정법상의 첨예하게 대립되는 한 문제 한 문제에 관한 경쟁을 해결하기 위해서는 모든 자료에 기초한 정확한 판단만이 우리의 무기가 될 것이다. “한 저자에게서 훔치면 표절이요, 여러 저자에게서 훔치면 연구다[?Saying(그가 한 말)?에서의 W. Mizner의 표현].”라는 말도 있지 않은가! 국내의 수많은 행정법 교재를 다시 참조할 필요가 없게끔 중요한 쟁점을 빠짐없이 정리하여 ‘행정법 단권화’의 욕구를 충족시키기 위하여 본서는 만들어진 것이다. 기본서 단권화는 합격으로 가는 필수불가결한 과정이기 때문이다.