TRS 행정법 기출 사례답안지

제 1 편 | 행정법 서설
001 행정개입청구권 ········································································································································································ 8
002 사인의 공법행위의 하자 ····················································································································································· 10
003 영업자 지위승계신고와 제재사유의 승계 ····················································································································· 12

제 2 편 | 일반 행정작용법
004 법규명령형식의 행정규칙의 법적 성질 ························································································································· 16
005 법령보충적 행정규칙의 법적 성질 ·································································································································· 27
006 행정계획의 법적 성질 ························································································································································· 34
007 계획변경청구권 인정 여부 ················································································································································· 37
008 재량행위의 사법심사방식 ·················································································································································· 44
009 강학상 허가와 예외적 승인 ··············································································································································· 57
010 민사법원과 선결문제 : 행정행위의 효력 부인 가능성 ······························································································ 66
011 형사법원과 선결문제 : 행정행위의 위법성 확인 가능성 ························································································· 68
012 하자승계 ·················································································································································································· 70
013 사전결정의 구속력 ······························································································································································· 79
014 행정지도 ·················································································································································································· 83
015 위법한 행정조사가 후행 행정행위에 미치는 영향 ····································································································· 88
016 행정대집행 ·············································································································································································· 96
017 명단공표 ·················································································································································································· 99
018 행정절차법의 적용 범위 ·················································································································································· 103
019 거부처분과 사전통지 ························································································································································ 114
020 입찰참가자격 제한과 사전통지 ····································································································································· 118
021 의견청취절차 : 청문 ························································································································································· 122
022 인·허가의제제도(집중효) ················································································································································ 127

제 3 편 | 행정구제법
023 국가배상법 제2조 공무원의 의미 ································································································································· 136
024 국가배상법 제2조 책임 : 고의 또는 과실 ·················································································································· 140
025 부작위에 대한 국가배상 ·················································································································································· 143
026 배상책임자 ··········································································································································································· 145
027 생활보상 ··············································································································································································· 148
028 손해전보제도의 흠결과 보완 : 예방접종 국가보상 ································································································ 149
029 행정심판인 이의신청과 행정심판이 아닌 이의신청 ······························································································· 156
030 행정심판법상 가구제 ························································································································································ 162
031 재결의 형식과 효력 ··························································································································································· 165
032 고지제도 ··············································································································································································· 173
033 예방적 금지소송 ································································································································································· 179
034 적극적 변경명령재결의 경우 소의 대상과 기산점 ·································································································· 192
CONTENTS 목차
035 인인소송 ··············································································································································································· 204
036 단체소송 ··············································································································································································· 217
037 처분의 효력이 소멸한 경우 ············································································································································ 226
038 원상회복이 불가능한 경우 ·············································································································································· 230
039 보다 실효적인 권리구제절차가 있는 경우 ················································································································· 235
040 필요적 행정심판전치주의 ··············································································································································· 241
041 일부취소판결 가능성 ························································································································································ 245
042 위법판단의 기준시 ···························································································································································· 250
043 기속력 ···················································································································································································· 253
044 재처분의무와 간접강제 ···················································································································································· 256
045 기판력 ···················································································································································································· 268
046 공법상 당사자소송 ···························································································································································· 276

제 4 편 | 개별 행정작용법
제 1 장 | 행정조직법
047 일반조항에 근거한 권한의 위임과 재위임 ················································································································· 282
제 2 장 | 지방자치법
048 주민소송 ··············································································································································································· 288
049 조례의 적법성 ····································································································································································· 291
050 조례의 통제 ········································································································································································· 300
051 지방자치단체의 단체장에 대한 통제 ··························································································································· 304
제 3 장 | 공무원법
052 결격사유 있는 공무원 임용의 효력 ······························································································································ 313
053 공무원관계의 변동 : 직위해제 ······································································································································ 317
054 징계의 종류와 내용 ··························································································································································· 325
제 4 장 | 공적 시설법
055 도로의 일반사용과 특별사용 ········································································································································· 328
056 행정재산의 목적 외 사용 ················································································································································· 335
제 5 장 | 공용부담법
057 공용수용을 위한 요건으로서 공공필요와 수용에 대한 불복수단 ······································································ 338
058 잔여지수용청구와 거부재결에 대한 권리구제 ········································································································· 352
제 6 장 | 개발행정법
059 표준지공시지가 ·································································································································································· 355
제 7 장 | 환경행정법
060 환경영향평가의 하자와 사업계획승인처분의 효력 ································································································ 359