TRS 행정법 쟁점답안지

제 1 편 | 행정법 서설
제 1 장 | 행정과 행정법
1 통치행위 인정 여부 ······································································································································ 17
제 2 장 | 법치주의와 법치행정의 원칙
2 법률유보원칙의 적용범위 ··························································································································· 19
제 3 장 | 행정법의 법원
3 비례원칙 위반 여부 ······································································································································ 21
4 평등원칙 위반 여부 ······································································································································ 21
5 자기구속원칙 위반 여부 ······························································································································ 22
6 신뢰보호원칙 위반 여부 ······························································································································ 23
7 실권의 법리 위반 여부 ································································································································· 25
8 법령개정과 신뢰보호 - 부진정소급입법의 한계원리 ········································································ 26
9 신의성실의 원칙 ············································································································································ 27
10 부당결부금지의 원칙 ···································································································································· 28
11 권한남용금지의 원칙 ···································································································································· 28
제 4 장 | 행정상 법률관계
12 공법관계와 사법관계의 구별 ····················································································································· 30
13 공무수탁사인의 행정주체성 ······················································································································ 31
14 공의무의 승계 여부 ······································································································································ 31
15 무하자재량행사청구권 독자성 인정 여부 ······························································································ 32
16 행정개입청구권 인정 여부 ························································································································· 33
17 특별권력관계 인정 여부 ······························································································································ 34
18 사인의 공법행위 ············································································································································ 34
19 민법 제107조 제1항 단서의 적용 가능성 ····························································································· 35
20 사인의 공법행위의 하자와 후속 행정행위의 효력 ·············································································· 36
21 사인의 공법행위로서 신고의 법적 성질 ································································································· 37
22 일반적 건축신고의 수리거부의 처분성 ·································································································· 38
23 개발행위허가의제 건축신고의 수리거부의 처분성 ············································································ 40
24 지위승계신고 수리(거부)의 처분성 ········································································································· 41
25 제재처분의 제척기간 ···································································································································· 43
26 공법상 부당이득반환소송의 재판관할 ··································································································· 44
27 행정에 관한 기간의 계산 ···························································································································· 45

제 2 편 | 일반 행정작용법
제 1 장 | 행정입법
28 법규명령(위임명령)의 한계 ························································································································ 49
29 법규명령의 통제 ············································································································································ 50
30 처분적 명령에 대한 항고소송 ···················································································································· 52
31 행정입법부작위에 대한 항고소송 ············································································································ 53
32 행정입법부작위에 대한 헌법소원과 국가배상 ····················································································· 54
33 행정규칙의 효력과 법원의 통제 ··············································································································· 54
34 법규명령형식의 행정규칙 ··························································································································· 55
35 법령보충적 행정규칙의 헌법상 허용 여부 ···························································································· 56
36 법령보충적 행정규칙의 법적 성질 ··········································································································· 57
37 고시의 법적 성질 ··········································································································································· 58
38 학칙의 법적 성질 ··········································································································································· 58
제 2 장 | 행정계획
39 행정계획의 법적 성질 ·································································································································· 60
40 도시관리계획의 하자 ···································································································································· 62
41 계획보장청구권 인정 여부 ························································································································· 64
42 계획변경청구권 인정 여부 ························································································································· 64
43 계획변경거부처분 취소소송의 대상적격 ······························································································· 66
제 3 장 | 행정행위
44 행정행위와 처분의 관계 ······························································································································ 68
45 일반처분의 소송요건과 제3자효 ·············································································································· 69
46 재량행위와 기속행위의 사법심사방식 ··································································································· 71
47 판단여지 ··························································································································································· 72
48 갱신허가 - 허가조건의 기한과 갱신허가신청 ····················································································· 73
49 예외적 승인 ····················································································································································· 74
50 특 허 ·································································································································································· 75
51 인 가 ·································································································································································· 75
52 제재처분 효과의 승계 ·································································································································· 76
53 제재사유의 승계 ············································································································································ 77
54 준법률행위적 행정행위 ······························································································································· 78
55 부관의 의의 및 종류 ····································································································································· 79
56 법률효과의 일부배제와 부관의 구별 ······································································································ 79
57 부관의 한계 ····················································································································································· 80
58 위법한 부관에 따른 사법행위 ···················································································································· 81
59 부관의 독립쟁송가능성과 쟁송형태 ········································································································ 82
60 부관의 독립취소가능성 ······························································································································· 83
61 행정행위의 성립요건·효력요건·적법요건 ····························································································· 84
62 공정력과 구성요건적 효력 ························································································································· 85
63 민사소송에서 구성요건적 효력과 선결문제 ························································································· 86
64 형사소송에서 구성요건적 효력과 선결문제 ························································································· 88
65 행정행위의 불가쟁력과 불가변력 ············································································································ 90
66 무효사유와 취소사유 ···································································································································· 91
67 위헌결정의 소급효 ········································································································································ 92
68 위헌법률에 근거한 처분의 효력 ··············································································································· 93
69 위헌결정 후 위헌법률에 근거한 처분의 집행력 ·················································································· 94
70 하자의 승계 ····················································································································································· 95
71 행정행위의 하자치유 ···································································································································· 96
72 행정행위의 전환 ············································································································································ 97
73 행정행위의 직권취소 ···································································································································· 97
74 행정행위의 직권철회 ···································································································································· 99
75 직권취소·철회 신청권 - 처분의 재심사 ······························································································· 100
76 확약의 처분성 ··············································································································································· 102
77 확약의 구속력과 실효 ································································································································ 103
78 가행정행위 ···················································································································································· 104
79 사전결정의 기속력 ······································································································································ 105
80 부분허가 ························································································································································· 106
81 자동적 처분 ··················································································································································· 106
제 4 장 | 공법상 계약
82 공법상 계약의 적법성 ································································································································ 108
83 건설도급계약 등 조달계약의 법적 성질 ······························································································· 110
84 공법상 계약해지의 처분성 ······················································································································· 111
제 5 장 | 행정상 사실행위
85 권력적 사실행위와 처분성 ······················································································································· 113
제 6 장 | 행정지도
86 행정지도의 처분성 ······································································································································ 115
제 7 장 | 행정조사
87 행정조사 ························································································································································· 118
88 위법한 행정조사에 근거한 후행처분의 효력 ······················································································ 120
제 8 장 | 행정절차
89 행정절차법의 적용 배제 여부 ·················································································································· 122
90 처분기준의 설정·공표 ································································································································ 123
91 거부처분의 사전통지 대상성 ··················································································································· 125
92 청 문 ································································································································································ 126
93 사전통지 및 의견제출 절차의 예외사유 해당 여부 ·········································································· 127
94 행정절차법상 처분방식 위반 여부 ········································································································· 128
95 이유제시 ························································································································································· 129
96 의제제도와 관계기관의 협의 ··················································································································· 130
97 의제제도와 집중효 ······································································································································ 131
98 건축법상 건축허가와 국토계획법상 개발행위허가 ·········································································· 132
99 인·허가의제와 소의 대상 ·························································································································· 133
100 선승인후협의제 및 부분인허가 의제제도 ···························································································· 135
101 절차상 하자의 독자적 위법성 여부 ······································································································· 136
제 9 장 | 행정정보공개와 개인정보보호제도
102 청구인의 정보공개청구와 정보공개청구의 남용 ··············································································· 138
103 정보비공개결정이 거부처분인지 여부 ································································································· 139
104 정보비공개결정 취소소송의 기타 소송요건 ······················································································· 140
105 비공개대상정보 ············································································································································ 140
106 정보공개법 제9조 제1항 제1호 ············································································································· 141
107 정보공개법 제9조 제1항 제2호·제3호 ································································································ 141
108 정보공개법 제9조 제1항 제4호 ············································································································· 142
109 정보공개법 제9조 제1항 제5호 ············································································································· 143
110 정보공개법 제9조 제1항 제6호 ············································································································· 144
111 정보공개법 제9조 제1항 제7호 ············································································································· 145
112 비공개결정에 대한 불복방법 ··················································································································· 146
113 정보공개법 제14조 부분공개 ·················································································································· 148
114 비공개사유의 추가·변경과 취소판결의 실효성 ················································································· 148
115 정보공개에 대한 제3자의 권리보호 ······································································································ 149
제 10 장 | 행정의 실효성 확보수단
116 대집행의 의의 및 요건 ······························································································································· 151
117 토지·건물 등의 인도·명도의무와 대집행 ····························································································· 152
118 결합계고의 적법성과 반복계고의 처분성 ···························································································· 152
119 대집행의 실행 ··············································································································································· 154
120 대집행에 대한 권리구제 ···························································································································· 155
121 이행강제금의 의의 및 요건 ······················································································································ 156
122 직접강제 ························································································································································· 157
123 행정상 강제징수 ·········································································································································· 158
124 행정상 즉시강제 ·········································································································································· 159
125 행정질서벌(과태료) ···································································································································· 161
126 과징금 ····························································································································································· 162
127 명단공표의 법적 성질 ································································································································ 163

제 3 편 | 행정구제법
제 1 장 | 행정상 손해배상
128 국가배상법 제2조 책임의 성립요건 ······································································································ 169
129 항고소송의 기판력이 국가배상청구소송에 미치는지 ······································································ 170
130 공무원의 과실 인정 여부 ·························································································································· 171
131 국회의 입법작용에 대한 국가배상책임 ································································································ 172
132 사법작용에 대한 국가배상책임 ··············································································································· 173
133 부작위에 의한 손해배상책임 ··················································································································· 174
134 가해공무원의 대외적 책임 ······················································································································· 176
135 국가와 공무원의 구상권 ···························································································································· 177
136 국가배상법과 자동차손해배상보장법의 관계 ···················································································· 178
137 자동차 사고와 인적손해·물적손해 ········································································································· 179
138 관용차량과 자가용차량의 경우 손해배상책임 ··················································································· 179
139 국가배상법 제5조의 배상책임 ················································································································ 180
140 비용부담자와 종국적 배상책임자 ·········································································································· 181
141 이중배상금지원칙 ········································································································································182
제 2 장 | 행정상 손실보상
142 손실보상청구권 ············································································································································ 185
143 보상규정이 없는 경우 권리구제방법 ···································································································· 186
144 잔여지보상청구권 ······································································································································· 188
145 잔여지수용거부재결에 대한 불복방법 ································································································· 189
146 간접손실보상 ················································································································································ 190
147 생활보상 ························································································································································· 191
148 토지보상법상 이주대책 ····························································································································· 192
149 희생보상청구제도와 예방접종에 따른 국가보상 ··············································································· 193
제 3 장 | 행정심판
150 처분에 대한 이의신청과 행정심판 ········································································································· 195
151 행정심판법 제13조 청구인적격 ············································································································· 197
152 행정심판법상 가구제 ·································································································································· 198
153 재결의 종류와 재결의 효력 ······················································································································ 199
154 행정심판위원회의 일부취소재결 가능성 ····························································································· 200
155 직접처분과 간접강제 ·································································································································· 201
156 인용재결과 실효성 확보수단 ··················································································································· 202
157 인용재결에 대한 행정청의 불복 가능성 ······························································································· 204
158 행정심판법상 고지의무 불이행의 효과 ································································································ 205
제 4 장 | 행정소송
159 의무이행소송 ················································································································································ 207
160 예방적 부작위(금지)소송 ·························································································································· 208
161 취소소송의 대상적격 ·································································································································· 209
162 거부처분 성립요건 ······································································································································ 210
163 행정청의 변경처분과 소의 대상 ············································································································· 211
164 적극적 변경명령재결과 소의 대상 ········································································································· 212
165 인용재결에 대한 항고소송 ······················································································································· 213
166 항고소송의 원고적격 ·································································································································· 215
167 제3자의 원고적격 ······································································································································· 216
168 국가 등의 원고적격 인정 여부 ················································································································ 218
169 단체소송의 원고적격 ·································································································································· 219
170 협의의 소의 이익 ········································································································································· 220
171 협의의 소의 이익 구체적 검토 ················································································································ 221
172 가중적 제재처분규정과 소이익 - 제재처분의 효력이 소멸한 경우 ············································ 224
173 침해의 반복가능성과 단계적 행정결정의 소이익 ············································································· 225
174 경원자관계와 소이익 ·································································································································· 226
175 피고적격 ························································································································································· 226
176 제소기간 ························································································································································· 227
177 필요적 행정심판전치주의 ························································································································· 229
178 관할법원 ························································································································································· 230
179 집행정지의 요건 ·········································································································································· 231
180 거부처분의 집행정지 가능성 ··················································································································· 232
181 가처분의 인정 여부 ···································································································································· 233
182 증명책임 ························································································································································· 234
183 관련청구소송의 이송과 병합 ··················································································································· 235
184 소의 변경 ······················································································································································· 236
185 제3자의 소송참가와 재심청구 ················································································································ 238
186 행정청의 소송참가 ······································································································································ 239
187 처분사유의 추가·변경 ································································································································ 240
188 사정판결 ························································································································································· 241
189 일부취소판결 ················································································································································ 243
190 취소소송의 위법판단 기준시 ··················································································································· 244
191 취소판결의 형성력 ······································································································································ 245
192 기속력 ····························································································································································· 245
193 간접강제 ························································································································································· 247
194 기판력 ····························································································································································· 248
195 취소소송과 무효확인소송 간의 기판력 ································································································ 249
196 취소소송과 국가배상청구소송 간의 기판력 ······················································································· 249
197 무효등확인소송과 확인소송의 보충성 ································································································· 250
198 무효확인소송 심리결과 취소사유인 경우 법원의 조치 ··································································· 251
199 부작위위법확인소송의 소송요건 ············································································································ 252
200 부작위위법확인소송의 심리와 기속력 ································································································· 253
201 당사자소송의 대상 ······································································································································ 254
202 당사자소송의 소송요건 ····························································································································· 255
203 공법상 당사자소송과 가구제 ··················································································································· 256
204 기관소송의 인정 범위 ································································································································ 257

제 4 편 | 개별 행정작용법
제 1 장 | 행정조직법
205 일반적 위임근거규정의 인정 여부 ········································································································· 261
206 조례에 의한 재위임 인정 여부 ················································································································ 262
207 내부위임받은 자가 자기명의로 처분한 경우 ······················································································ 263
208 훈령에 대한 하급기관의 심사권 ············································································································· 264
209 행정기관 상호 간의 협의와 동의 ············································································································ 265
제 2 장 | 지방자치법
210 재산 및 공공시설을 이용할 권리 ············································································································ 267
211 주민감사 ························································································································································· 268
212 주민소송 ························································································································································· 269
213 사무의 성질 ··················································································································································· 271
214 위임사무와 국가배상법상 배상책임자 ································································································· 272
215 조례의 한계 - 조례제정사무 ··················································································································· 273
216 조례의 한계 - 법률유보원칙 ··················································································································· 274
217 조례의 한계 - 법률우위원칙 ··················································································································· 275
218 지방자치단체장에 의한 조례의 통제 ···································································································· 276
219 감독기관에 의한 조례의 통제 ·················································································································· 277
220 감독기관의 시정명령 및 취소·정지권 ··································································································· 279
221 직무이행명령 ················································································································································ 282
제 3 장 | 공무원법
222 임명행위의 법적 성질 ································································································································ 285
223 임용결격자에 대한 법적 쟁점 ·················································································································· 286
224 공무원의 퇴직급여 지급청구소송 ·········································································································· 288
225 전입·전출명령 ··············································································································································· 290
226 직위해제 ························································································································································· 291
227 불이익처분에 대한 구제 ···························································································································· 292
제 4 장 | 경찰행정법
228 일반수권조항 인정 여부 ···························································································································· 295
229 경찰공공의 원칙 ·········································································································································· 296
230 경찰책임의 원칙 ·········································································································································· 297
231 행정기관의 경찰책임의 주체 여부 ········································································································· 299
제 5 장 | 공적시설법
232 공물의 소멸 ··················································································································································· 301
233 공물의 시효취득 ·········································································································································· 302
234 공물의 강제집행과 공용수용의 제한 ···································································································· 303
235 공물에 의한 변상금부과 ···························································································································· 304
236 공물의 일반사용과 고양된 일반사용 ···································································································· 305
237 특별사용과 일반사용과의 병존 가능성 ································································································ 306
238 도로점용허가의 성질과 한계 ··················································································································· 307
239 행정재산의 목적 외 사용 ·························································································································· 308
제 6 장 | 공용부담법
240 공용수용 ························································································································································· 311
241 수용재결에 대한 불복방법 ······················································································································· 312
242 환매권 - 토지보상법 제91조 ·················································································································· 314
243 공익사업의 변환제도 ·································································································································· 316
244 조합의 법적 지위 ········································································································································· 317
245 조합설립 추진위원회의 구성승인 ·········································································································· 318
246 조합의 설립인가 ·········································································································································· 319
247 사업시행계획인가 ······································································································································· 320
248 관리처분계획인가 ······································································································································· 322
제 7 장 | 개발행정법
249 개발행위허가 ················································································································································ 324
250 건축허가의 법적 성질 ································································································································ 325
251 토지거래허가 ················································································································································ 326
252 표준지공시지가의 법적 성질 ··················································································································· 327
253 개별공시지가의 법적 성질 ······················································································································· 328
제 8 장 | 환경행정법
254 환경영향평가와 사업계획승인처분 ······································································································· 330
255 환경영향평가의 하자와 사업계획승인처분의 효력 ·········································································· 331
제 9 장 | 재무행정법(조세)
256 조세부과처분과 행정심판전치주의 ······································································································· 333
257 경정처분과 소의 대상 ································································································································ 334
258 조세과오납금환급소송 ······························································································································· 335
제 10 장 | 경제행정법
259 자금지원 ························································································································································· 337