행정법 논강

제1편 행정법일반이론
第1章 행정법 개설 15
第1節 법치행정의 원칙···························15
Ⅰ. 의의 · ·······························15
Ⅱ. 법률유보의 원칙 · ··························15
第2節 행정법의 일반원칙··························20
Ⅰ. 신뢰보호의 원칙····························20
Ⅱ. 부당결부금지의 원칙··························25
Ⅲ. 행정의 자기구속의 원칙·························29
Ⅳ. 비례의 원칙·····························33
第3節 행정상 법률관계···························36
Ⅰ. 개설································36
Ⅱ. 행정상 법률관계의 유형과 구제수단····················37
Ⅲ. 행정법관계의 당사자··························38
Ⅳ. 행정법관계의 내용으로서 공권······················42
Ⅴ. 행정법관계의 변동원인으로서 신고 ····················53
第2章 행정작용법 66
第1節 행정입법······························66
Ⅰ. 행정입법의 의의····························66
Ⅱ. 행정입법의 성격····························66
Ⅲ. 행정규칙의 법규성···························71
Ⅳ. 법규명령에 대한 사법적 통제 · ·····················78
Ⅴ. 법규명령의 한계 · ··························88
Ⅵ. 규범통제의 효력····························95
Ⅶ. 위헌·위법인 법규명령에 근거한 처분의 효력················96
Ⅷ. 위헌인 법률에 근거한 처분의 효력· ···················97
Ⅸ. 법규성 없는 행정입법과 사법적 통제· ··················97
第2節 행정계획······························101
Ⅰ. 행정계획의 의의와 유형·························101
Ⅱ. 행정계획의 성격····························103
Ⅲ. 계획변경청구권· ···························107
Ⅳ. 집중효 · ······························109
Ⅴ. 행정계획의 재량과 통제 · ·······················109
● 차 례
第3節 행정행위······························113
Ⅰ. 행정행위의 개념····························113
Ⅱ. 행정행위의 법적 성격-기속행위와 재량행위 · ···············116
Ⅲ. 행정행위의 요건과 하자·························125
Ⅳ. 행정행위의 하자와 특수문제(치유와 승계)·················146
Ⅴ. 행정행위의 효력····························162
Ⅵ. 행정행위의 개별유형··························170
Ⅶ. 행정행위의 폐지····························209
第4節 기타 행정작용· ···························230
Ⅰ. 부관································230
Ⅱ. 권력적 사실행위····························245
第5節 행정절차······························248
Ⅰ. 절차상 하자의 독자적 위법사유 여부 · ··················248
Ⅱ. 침익적 처분절차 · ··························251
Ⅲ. 위법성의 정도 · ···························254
Ⅳ. 절차상 하자의 치유··························255
Ⅴ. 절차상 하자를 이유로 하는 취소판결의 기속력· ··············259
第3章 행정의 실효성확보수단 260
第1節 행정상 강제(집행)· ··························260
Ⅰ. 행정상 강제(집행)의 의의· ·······················260
Ⅱ. 대집행································261
Ⅲ. 대집행·직접강제·이행강제금(집행벌)·강제징수·즉시강제 비교·······274
第2節 금전 관련 행정의 실효성확보수단 비교· ·················276
제2편 행정쟁송법
第1章 항고소송 279
第1節 행정소송법상 가구제··························279
Ⅰ. 집행정지·······························279
Ⅱ. 가처분································290
● 차 례
第2節 소의 변경 및 처분사유의 추가·변경· ··················292
Ⅰ. 소의 변경· ·····························292
Ⅱ. 처분사유의 추가·변경·························295
第3節 취소소송······························302
Ⅰ. 소의 적법성·····························302
Ⅱ. 본안판단·······························364
Ⅲ. 판결································366
第4節 부작위위법확인소송· ·························382
Ⅰ. 소의 적법성·····························382
第2章 당사자 소송 397
第1節 의의· ·······························397
第2節 다른 소송과의 구별· ·························397
第3節 당사자소송의 종류··························398
Ⅰ. 실질적 당사자소송···························398
Ⅱ. 형식적 당사자소송···························401
제3편 손해전보제도
第1章 국가배상 407
第1節 국가 및 지방자치단체의 책임· ·····················407
Ⅰ. 국가배상법의 성격···························407
Ⅱ. 선결문제·······························409
Ⅲ. 공무원의 위법한 직무로 인한 국가배상책임·················410
第2節 배상책임자······························426
Ⅰ. 대외적 배상책임자(「국가배상법」 제6조 제1항의 배상책임자)···········426
Ⅱ. 종국적 배상책임자(「국가배상법」 제6조 제2항의 배상책임자)···········429
第3 節 공무원 개인의 불법행위 책임(피해자의 선택청구권)· ············435
Ⅰ. 문제의 소재·····························435
Ⅱ. 국가배상책임의 성질(국가 등의 배상책임의 성질)· ·············436
Ⅲ. 공무원 개인의 불법행위 책임 인정여부 (국민의 선택청구권 인정여부)· ·····441
● 차 례
第2章 손실보상 444
第1節 재산권 제한의 유형과 구별기준· ····················444
Ⅰ. 재산권 제한의 유형··························444
Ⅱ. 구별기준·······························445
第2節 손실보상청구권(공용침해에 대한 보상)··················446
Ⅰ. 의의와 근거·····························446
Ⅱ. 법적 성격과 소송형태·························447
Ⅲ. 손실보상청구권의 성립요건· ······················449
第3節 보상규정이 없는 법률에 의한 재산권 침해와 구제· ·············456
Ⅰ. 문제의 소재·····························456
Ⅱ. 내용규정에 해당하는 것으로 보는 경우(분리이론에 따른 구제방법) · ······458
Ⅲ. 공용침해규정에 해당하는 것으로 보는 경우(경계이론에 따른 구제방법)·····460
第4節 개별법에 따른 손실보상 제도· ·····················467
색 인 468