2022 All-in-One 로스쿨 행정법 핵심암기장

제1편 행정법 선택형 정리
제 1 공법관계와 사법관계의 구별 ··················································································2
제 2 법치행정의 원리 ·····································································································8
제 3 사인의 공법행위 ···································································································14
제 4 행정입법 ··············································································································20
제 5 기속행위와 재량행위 ···························································································23
제 6 제3자효 행정행위 ·································································································27
제 7 허가?특허?인가 ·································································································28
제 8 부 관 ···················································································································32
제 9 행정행위의 효력 ··································································································35
제 10 무효와 취소 ·········································································································37
제 11 하자치유, 하자승계 ······························································································40
제 12 행정행위의 직권취소, 철회, 실효 ········································································42
제 13 그 밖의 행정작용 ································································································45
제 14 행정절차 ··············································································································49
제 15 정보공개 ··············································································································56
제 16 의무이행확보수단 ································································································59
제 17 국가배상 ··············································································································65
제 18 손실보상 ···············································································································75
제 19 공법상 부당이득 ··································································································78
제 20 행정심판 ··············································································································79
제 21 취소소송의 대상적격 ····························································································81
제 22 원고적격 ··············································································································90
제 23 협의의 소의 이익 ································································································96
제 24 피고적격 ············································································································102
제 25 제소기간 ············································································································104
제 26 전심절차 ············································································································108
제 27 관할법원, 관련청구소송의 이송·병합, 소 변경 ···············································109
제 28 가구제 ················································································································111
제 29 취소소송의 심리 ································································································114
제 30 판 결 ·················································································································118
제 31 무효등확인소송과 부작위위법확인소송 ······························································123
제 32 당사자소송·민중소송·기관소송 ······································································125
제 33 행정조직법 ········································································································126
제 34 지방자치법 ········································································································128
제 35 공무원법 ············································································································133
제 36 공물법 ···············································································································135
제 37 공용부담 ············································································································138

제2편 행정법 사례형 정리
예제 1 공법관계와 사법관계의 구별 ···································································144
예제 2 부당결부금지의 원칙, 자기구속의 원칙, 비례의 원칙 ································145
예제 3 신뢰보호의 원칙 ····························································································148
예제 4 실권의 법리 ···································································································150
예제 5 행정개입청구권 ······························································································152
예제 6 특별권력관계 ··································································································155
예제 7 판단여지 ·········································································································157
예제 8 신고의 종류 ···································································································159
예제 9 수리를 요하는 신고의 심사범위 ····································································161
예제 10 건축신고 반려행위 ·························································································163
예제 11 지위승계신고의 처분성 ··················································································166
예제 12 하자 있는 신고수리의 효력 ···········································································168
예제 13 법규명령 형식의 행정규칙 ·············································································169
예제 14 제재적 처분사유의 승계 ·················································································171
예제 15 예외적 승인 ····································································································173
예제 16 인 가 ··············································································································175
예제 17 부관의 위법성 ·······························································································177
예제 18 사후 부관 ·······································································································180
예제 19 부관의 독립쟁송 ····························································································182
예제 20 부관의 독립취소 ··························································································184
예제 21 선결문제(민사법원의 위법성 심사) ································································186
예제 22 선결문제(민사법원의 효력 부인) ···································································188
예제 23 선결문제(형사법원의 위법성 심사) ································································190
예제 24 선결문제(형사법원의 효력부인) ·····································································192
예제 25 위헌결정의 기속력에 반하는 행정처분의 효력 ·············································194
예제 26 하자 승계 ·······································································································197
예제 27 하자 치유 ······································································································199
예제 28 철회의 적법성 ·······························································································201
예제 29 취소의 취소(철회의 취소) ·············································································204
예제 30 행정계획의 법적 성질(처분성) ······································································206
예제 31 행정계획의 위법성 ························································································208
예제 32 행정지도의 처분성 ·························································································210
예제 33 행정지도와 손해배상 ·····················································································212
예제 34 절차상 하자(이유제시) ···················································································214
예제 35 절차상 하자(사전통지 및 의견청취) ······························································216
예제 36 사전통지 대상자의 범위 ················································································218
예제 37 절차하자의 독자적 위법성 ············································································220
예제 38 거부처분과 사전통지 ·····················································································222
예제 39 거부처분과 사전통지 ·····················································································224
예제 40 비공개 결정의 위법성(1) ···············································································226
예제 41 비공개 결정의 위법성(2) ···············································································228
예제 42 공공기관의 정보공개방법 선택 가능성 ·························································230
예제 43 정보공개거부처분 취소소송 소송요건 ···························································232
예제 44 반복된 계고 ···································································································234
예제 45 철거명령과 계고의 결합 ················································································236
예제 46 건물인도 명령의 경우 대집행 가능성 ···························································238
예제 47 대집행 과정에서 실력행사 가능성 ································································239
예제 48 행정상 즉시강제에 대한 취소소송 ································································240
예제 49 행정상 즉시강제와 영장주의 ·········································································243
예제 50 행정조사와 영장주의 ·····················································································245
예제 51 행정조사와 실력행사 ·····················································································247
예제 52 위법한 행정조사에 근거한 처분의 위법성 ····················································249
예제 53 법령해석과 과실 ····························································································251
예제 54 부작위에 의한 국가배상책임 ·········································································253
예제 55 자배법과 국가배상법 ·····················································································256
예제 56 피해자의 선택적 청구권 ················································································258
예제 57 경과실 공무원의 구상권 ···············································································260
예제 58 이중배상금지 ·································································································263
예제 59 군인 등과 민간인의 공동불법행위와 이중배상금지 ······································266
예제 60 취소소송 판결의 기판력과 국가배상(위법성-1) ············································268
예제 61 취소소송 판결의 기판력과 국가배상(위법성-2) ············································270
예제 62 취소소송 판결의 기판력과 국가배상(위법성과 과실) ····································272
예제 63 영조물 책임 ···································································································274
예제 64 비용부담자의 배상책임 ··················································································277
예제 65 궁극적인 배상책임자 ·····················································································279
예제 66 행정심판 ········································································································281
예제 67 의무이행소송 ·································································································285
예제 68 예방적 금지소송 (예방적 부작위소송) ··························································287
예제 69 거부처분 ········································································································289
예제 70 재결취소소송 ·································································································291
예제 71 변경재결 ········································································································293
예제 72 변경명령재결에 따른 변경처분(직권에 의한 변경처분) ································296
예제 73 원고적격(이웃소송) ························································································298
예제 74 원고적격(경쟁자소송) ····················································································300
예제 75 원고적격(경원자소송) ····················································································303
예제 76 가중적 제재처분과 소의 이익 ·······································································305
예제 77 행정심판 전치주의 ························································································308
예제 78 집행정지 ········································································································309
예제 79 거부처분에 대한 가구제 ·················································································311
예제 80 직권심리주의 ·································································································313
예제 81 처분사유의 추가·변경 ··················································································315
예제 82 사정판결 ········································································································317
예제 83 확정된 취소판결의 기속력(1) ·········································································319
예제 84 확정된 취소판결의 기속력(2) ········································································322
예제 85 기속력에 위반한 처분의 효력 ·······································································325
예제 86 간접강제 ········································································································327
예제 87 무효확인소송 ·································································································329
예제 88 부작위위법확인소송 ·······················································································331
예제 89 당사자소송 ····································································································333
예제 90 권한의 내부위임 ···························································································335
예제 91 국가사무와 자치사무의 구별 ·········································································337
예제 92 주민소송 ········································································································339
예제 93 시정명령 및 취소·정지 ················································································343
예제 94 시정명령에 대한 불복소송 ············································································346
예제 95 임용행위의 법적 성질 ···················································································347
예제 96 결격사유 있는 자에 대한 임용행위의 위법성과 그 정도 ·····························348
예제 97 결격사유 있는 자에 대한 임용취소통보 ·······················································350
예제 98 경찰책임의 원칙 ····························································································352
예제 99 제3자의 경찰책임 ··························································································354
예제 100 공물의 소멸 ·································································································357
예제 101 행정재산의 목적 외 사용허가 ·····································································359
예제 102 보상금 증감청구소송 ···················································································361
예제 103 재건축조합 설립인가처분 ············································································363