감정평가사 행정법

법학의 기초 ··································································································7
제1장 법학의 기초 ··············································································································8
제1절 법의 개념 ·······································································································································8
제2절 법의 구성 ·······································································································································9
제3절 법원(법의 존재형태) ····················································································································10
제4절 법의 분류 ·····································································································································14
제5절 법률관계 ·······································································································································17
제6절 권리?의무의 주체와 객체 등 ····································································································20
제7절 법률상 쟁송 ·································································································································21
제8절 소송이란? ·····································································································································22
제2장 행정법의 기초 ········································································································29
제1절 행 정 ···········································································································································29
제2절 행정법 ··········································································································································30
제3절 행정법관계 ···································································································································31
제4절 행정구제 ·······································································································································33
제5절 행정구제 개관 ······························································································································35
PART 1 행정법 서론 ·················································································37
제1장 행 정 ······················································································································38
제1절 행정의 의의 ·································································································································38
제2절 통치행위 ·······································································································································39
제2장 행정법 ····················································································································40
제1절 행정법의 의의 ······························································································································40
제2절 법치행정 ·······································································································································40
제3절 행정법의 법원 ······························································································································43
제4절 행정법의 법원 상호간의 관계 ·····································································································45
제5절 행정법의 일반원리 ·······················································································································47
제6절 행정법의 효력 ······························································································································56
제3장 행정상 법률관계 ····································································································59
제1절 공법관계와 사법관계 ···················································································································59
제2절 행정상 법률관계 ··························································································································60
제3절 행정법관계의 당사자 ···················································································································61
제4절 행정법관계의 내용 ·······················································································································63

현재의 유력한 학설에 의하면 법은 “인간의 공동생활(사회생활)에 있어서 행위의 준칙으로서 국
가에 의하여 강제되는 사회규범”이다. 이를 설명하면 다음과 같다.
Ⅰ. 법은 규범이다.
법이라 함은 사회질서를 유지할 목적으로 사회생활을 하는 인간에게 준수하도록 하는 규범이다.
Ⅱ. 법은 정치적으로 조직된 사회의 규범이다.
Ⅲ. 법은 국가에 의하여 인정된 규범이다.
Ⅳ. 법은 국가의 중심권력에 의하여 강제되는 규범이다.
법의 가장 전형적인 성격은 국가권력에 의하여 강제되는 규범인 점이다. 법은 이에 위반하는
자에 대하여는 물리적 강제력을 발동함으로써 스스로의 목적을 실현할 수 있다(예컨대 형법이라
는 법에 의해 금지된 살인이라는 행위를 한 자에 대하여는 형사소송절차를 통해 국가기관인 법원
이 사형, 무기징역 또는 징역 5년이상이라는 형벌을 부과하여 강제하고, 민법이라는 법에 규정된
돈을 갚아야 할 의무를 위반하여 갚지 않는 자에 대하여는 민사소송절차 및 민사집행절차를 통해
국가기관인 집행관 및 집행법원이 그 자의 재산을 압류하여 경매하여 강제한다). 이것이 법의 본
질적 요소이자 다른 사회규범과 구별되는 결정적인 요소이다(예컨대 우리나라에는 윤리규범으로
‘어른들에게 반말하지 말아야 한다’는 것이 있다. 그런데 어떤 어린아이가 위 윤리규범을 위반하
여 어른들에게 반말을 하였다 하더라도 국가권력(경찰 등)이 그 아이에게 강제력을 행사하여 처벌
하지는 않는다. 왜냐하면 윤리규범은 법이 아니기 때문이다. 오로지 법이라는 규범을 위반하여야
만 국가권력에 의해 강제력이 행사될 수 있다).