[단한권] TRS 행정법 쟁점답안지

제1편 행정법 서설

제1장 행정과 행정법
1. 통치행위 인정 여부 ··································································································· 18
제2장 법치주의와 법치행정의 원칙
2. 법률유보원칙 적용범위 ····························································································· 19
제3장 행정법의 법원
3. 비례원칙 위반 여부 ··································································································· 20
4. 평등원칙 위반 여부 ··································································································· 20
5. 자기구속원칙 위반 여부 ··························································································· 21
6. 신뢰보호원칙 위반 여부 ··························································································· 22
7. 신뢰보호원칙과 법률적합성원칙의 충돌 ································································· 23
8. 실권의 법리 위반 여부 ····························································································· 24
9. 법령개정과 신뢰보호 - 부진정소급입법의 한계원리 ············································ 25
10. 신의성실의 원칙 ······································································································ 26
11. 부당결부금지의 원칙 ······························································································ 27
12. 권한남용금지의 원칙 ······························································································ 28
제4장 행정상 법률관계
13. 공법관계와 사법관계의 구별 ················································································· 29
14. 공무수탁사인의 행정주체성 ··················································································· 29
15. 공의무의 승계 여부 ································································································ 30
16. 무하자재량행사청구권 독자성 인정 여부 ····························································· 30
17. 행정개입청구권 인정 여부 ····················································································· 31
18. 특별권력관계 인정 여부 ························································································· 32
19. 사인의 공법행위 ······································································································ 32
20. 민법 제107조 제1항 단서의 적용 가능성 ··························································· 33
21. 사인의 공법행위의 하자와 후속 행정행위의 효력 ············································· 34
22. 사인의 공법행위로서 신고의 법적 성질 ······························································ 35
23. 일반적 건축신고의 수리거부의 처분성 ································································ 36
24. 개발행위허가의제 건축신고의 수리거부의 처분성 ·············································· 37
25. 지위승계신고 수리(거부)의 처분성 ······································································· 38
26. 제재처분의 제척기간 ······························································································ 39
27. 공법상 부당이득반환소송의 재판관할 ·································································· 40
28. 행정에 관한 기간의 계산 ······················································································· 41
29. 법령 등 시행일과 나이의 계산 ············································································· 42

제2편 일반 행정작용법

제1장 행정입법
30. 법규명령(위임명령)의 한계 ····················································································· 44
31. 법규명령의 통제 ······································································································ 45
32. 처분적 명령에 대한 항고소송 ··············································································· 47
33. 행정입법부작위에 대한 항고소송 ·········································································· 48
34. 행정입법부작위에 대한 헌법소원과 국가배상 ····················································· 49
35. 행정규칙의 효력과 법원의 통제 ············································································ 49
36. 법규명령형식의 행정규칙 ······················································································· 50
37. 법령보충적 행정규칙의 헌법상 허용 여부 ··························································· 51
38. 법령보충적 행정규칙의 법적 성질 ········································································ 52
39. 고시의 법적 성질 ···································································································· 53
40. 학칙의 법적 성질 ···································································································· 53
제2장 행정계획
41. 행정계획의 법적 성질 ···························································································· 54
42. 도시관리계획의 사전적 절차통제 ·········································································· 55
43. 도시관리계획의 사후적 실체통제 ·········································································· 55
44. 계획보장청구권 인정 여부 ····················································································· 56
45. 계획변경청구권 인정 여부 ····················································································· 57
46. 계획변경거부처분 취소소송의 대상적격 ······························································· 58
제3장 행정행위
47. 행정행위와 처분의 관계 ························································································· 59
48. 일반처분의 소송요건과 제3자효 ··········································································· 60
49. 재량행위와 기속행위의 위법심사방식 ·································································· 62
50. 판단여지 ··················································································································· 63