단문 행정쟁송법

제1장 행정소송법
행정소송의 한계(행정재판권의 한계)
01 서설 ·························································3
02 사법본질상의 한계 ·································3
03 권력분립상의 한계 ·································5
의무이행소송
01 의의 ·························································8
02 인정여부 ··················································8
예방적 부작위소송
01 의의 ·······················································10
02 인정여부 ················································10
03 인정요건 ················································12
취소소송의 소송물
01 의의 ·······················································13
02 취소소송의 소송물 ·······························13
03 관련문제 ················································14
관련청구소송의 병합
01 서설 ·······················································17
02 관련청구소송의 범위 ····························18
03 병합의 형태 ··········································19
04 병합의 요건 및 조사 ···························21
05 적용법규 및 판결 ·································22
관련청구소송의 이송
01 서설 ·······················································24
02 관련청구소송의 범위 ····························25
03 이송의 요건과 절차 ·····························25
04 효과 ·······················································26
소의 변경
01 서설 ·······················································27
02 행정소송법에 의한 변경 ······················28
03 민사소송법에 의한 변경 ······················31
행정소송법상 집행정지
01 서설 ·······················································33
02 요건 ·······················································34
03 결정 및 내용 ········································37
04 효력 ·······················································38
05 취소 ·······················································39
민사집행법상 가처분의 준용 여부
01 서설 ·······················································40
02 항고소송에서 가처분의 인정 여부 ······41
취소소송의 관할
01 서설 ·······················································42
02 취소소송의 관할 ···································43
03 관할 위반의 효과 ·································44

vi 취소소송의 대상
01 서설 ·······················································46
02 처분 ·······················································46
03 재결 ·······················································63
거부처분
01 의의 ·······················································65
02 요건 ·······················································66
부작위
01 의의 ·······················································71
02 부작위의 성립요건 ·······························71
재결소송
01 의의 ·······················································74
02 원처분주의와 재결주의 ························74
03 재결소송의 사유 ···································75
04 위반의 효과 ··········································79
05 원처분주의의 예외 ·······························79
취소소송의 원고적격
01 의의 ·······················································82
02 법률상 이익의 주체 ·····························82
03 법률상 이익의 의미 ·····························83
04 법률의 범위 ··········································84
05 제3자의 원고적격 ·································85
취소소송의 피고적격
01 의의 ·······················································90
02 처분 등을 행한 행정청 ························90
03 처분청 이외의 행정청 ··························93
04 피고의 경정 ··········································94
소송참가
01 서설 ·······················································96
02 제3자의 소송참가 ·································97
03 행정청의 소송참가 ·······························99
04 민사소송법에 의한 소송참가 ·············100
취소소송에서 소의 이익
01 의의 ·····················································102
02 행정소송법 제12조 제2문에 따른 소송의
성격 ····················································103
03 행정소송법 제12조 2문의 법적 성격 103
04 행정소송법 제12조 제2문의 법률상 이익
의 의미 ···············································104
05 구체적 검토 ········································106
제소기간
01 의의 ·····················································111
02 행정심판을 거치지 않은 경우 ···········111
03 행정심판을 거친 경우 ························115
04 제소기간 준수 여부의 기준시 ···········115
05 제소기간의 적용범위 ··························117
06 제소기간의 효과 ·································118
행정심판전치주의
01 의의 ·····················································119
02 유형 ·····················································119

03 필요적 행정심판전치주의 ··················120
취소소송의 심리
01 서설 ·····················································125
02 심리의 일반원칙 ·································125
03 심리의 범위 ········································128
04 심리의 방법 ········································129
05 위법성 판단의 기준시점 ····················130
주장책임과 입증책임
01 의의 ·····················································132
02 변론주의와 직권탐지주의 ··················132
03 주장책임 ··············································133
04 입증책임의 분배 ·································134
입증책임
01 서설 ·····················································137
02 행정소송법 제26조의 성질 ················138
03 입증책임의 분배 ·································139
위법성판단의 기준시
01 서설 ·····················································141
02 위법성 판단의 기준시 ························141
03 거부처분 취소소송의 경우 ················142
04 관련문제 ··············································143
처분사유의 추가·변경
01 서설 ·····················································144
02 인정여부 ··············································145
03 인정범위 ··············································146
04 적용범위 ··············································148
당사자의 행위에 의한 소송의 종료
01 소의 취하 ············································149
02 청구의 포기·인낙 ·······························150
03 소송상 화해 ········································151
사정판결
01 의의 ·····················································152
02 위헌 여부 ············································152
03 요건과 절차 ········································153
04 적용범위 ··············································155
05 효과 ·····················································155
취소판결(인용판결)
01 의의 ·····················································157
02 취소 ·····················································157
03 변경 ·····················································160
취소판결의 기판력
01 의의 ·····················································161
02 법적 근거와 내용 ·······························161
03 효력범위 ··············································162
04 기판력의 적용이 문제되는 경우 ·······163
취소판결의 형성력
01 의의 ·····················································165
02 처분에 대한 효력 ·······························165
03 제3자에 대한 효력 ·····························166

취소판결의 기속력
01 의의 ·····················································169
02 법적 성질 ············································169
03 내용 ·····················································170
04 범위 ·····················································172
05 효력 ·····················································173
거부처분
01 의의 ·····················································176
02 요건 ·····················································176
03 쟁송법상의 구제수단 ··························178
04 집행정지 ··············································179
05 심리 ·····················································180
06 취소판결의 기속력 ·····························181
무효등확인소송
01 의의 ·····················································182
02 소송요건 ··············································183
03 심리 ·····················································185
04 판결 ·····················································187
05 다른 소송과의 관계 ···························188
부작위위법확인소송
01 서설 ·····················································191
02 소송요건 ··············································192
03 심리 ·····················································196
04 판결 ·····················································198
당사자소송
01 서설 ·····················································200
02 종류 ·····················································201
03 소송요건 ··············································205
04 심리 ·····················································206
05 판결 ·····················································207
기관소송
01 의의 ·····················································209
02 법적 성질 ············································209
03 인정 범위 ············································210
04 개별적 검토 ········································211
05 적용법규 ··············································214

제2장 행정심판법
행정소송과 행정심판의 이동
01 의의 ·····················································217
02 공통점 ·················································217
03 차이점 ·················································219
04 양자의 관련성 ····································220
행정심판의 종류
01 의의 ·····················································221
02 취소심판 ··············································221
03 무효등확인심판 ···································223
04 의무이행심판 ······································223
의무이행심판
01 의의 ·····················································225
02 법적 성질 ············································225
03 적법요건 ··············································226
04 재결 ·····················································227
고지제도
01 의의 ·····················································229
02 법적 근거 및 성질 ·····························229
03 직권에 의한 고지 ·······························230
04 신청에 의한 고지 ·······························231
05 불고지 또는 오고지의 효과 ··············232
행정심판위원회의 종류와 권한
01 의의 ·····················································235
02 종류 ·····················································235
03 권한 ·····················································236
행정심판의 당사자
01 의의 ·····················································239
02 행정심판의 청구인 ·····························239
03 행정심판의 피청구인 ··························242
행정심판의 청구기간
01 의의 ·····················································243
02 원칙적 심판청구기간 ··························243
03 예외적 심판청구기간 ··························244
04 적용범위 및 위반의 효과 ··················245
행정심판의 심리
01 의의 ·····················································246
02 심리의 기본원칙 ·································246
03 심리의 범위 ········································248
04 당사자의 절차적 권리 ························248
05 심리의 병합과 분리 ···························249
행정심판법상 집행정지
01 의의 ·····················································250
02 요건 ·····················································250

03 절차 ·····················································253
04 내용과 효력 ········································253
05 취소 ·····················································254
행정심판법상 임시처분
01 의의 ·····················································256
02 요건 ·····················································256
03 절차 ·····················································258
04 내용과 효력 ········································258
05 취소 ·····················································259
행정심판의 재결
01 의의 ·····················································260
02 절차 ·····················································260
03 종류 ·····················································261
04 효력 ·····················································263
05 불복절차 ··············································265