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이석준 테마100 행정법총론(전2권)
이석준 | 고시동네 | 기본서
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『행정법총론』의 전체 골격을 유지하면서, 단독문제로 출제될 수 있는 쟁점을 테마 001 ~ 100으로 구성하였다. 『행정기본법』을 비롯한 필수 법령에 대해 최신 개정사항을 쟁점마다 완벽 반영하였다. 법령은 원문 그대로 출제되는 것이 원칙이므로 최대한 원문을 담아내되, 기출 된 부분 및 핵심단서와 출제 유력한 부분을 별도로 표시하여 가독성을 꾀하였다. 특히 '처분의 재심사 및 이의신청' 등 새롭게 등장한 쟁점에 대하여는 입법 취지에 기반한 상세한 해설을 수록하였다. |
①권 목차
제1편 ❙ 행정법 서론
Theme 000 행정법의 지도원리 ····················································· 2
제1장 권력분립과 법치국가원리
Theme 001 행정법의 대상；행정의 의의 ······································· 8
Theme 002 통치행위 ································································· 12
Theme 003 법치행정의 원리 ······················································ 18
제2장 행정법의 일반원칙
Theme 004 행정법의 법원(法源) ················································· 25
Theme 005 행정법의 효력；행정법령의 적용시점 ························· 33
Theme 006 비례의 원칙 ···························································· 39
Theme 007 신뢰보호의 원칙 ······················································ 46
Theme 008 평등원칙 ································································· 60
Theme 009 자기구속의 원칙 ······················································ 65
Theme 010 부당결부금지의 원칙 ················································ 68
Theme 011 신의성실 및 권한남용금지원칙 ·································· 70
제3장 행정상 법률관계
Theme 012 행정상 법률관계의 종류/공법ㆍ사법의 구별 ··············· 72
Theme 013 특별권력관계 ·························································· 87
제4장 행정법관계의 주체와 원인 및 내용
Theme 014 행정법관계의 당사자 ················································ 92
Theme 015 행정법관계의 발생과 소멸；법률요건과 법률사실 ········ 101
Theme 016 사인의 공법행위 일반론 ··········································· 110
Theme 017 사인의 공법행위로서의 신고(申告) ····························· 116
Theme 018 지위승계신고 ··························································· 130
Theme 019 공권과 공의무 ························································· 133
Theme 020 개인적 공권의 확대화 경향；재량행위에서의 공권의 성립 ············ 141
제2편 ❙ 행정작용(행정의 행위형식)
제1장 행정행위의 종류
Theme 021 행정행위의 개념 ······················································· 152
Theme 022 기속행위와 재량행위 ················································· 157
Theme 023 불확정개념과 판단여지 ·············································· 172
Theme 024 제3자효 행정행위 ····················································· 175
Theme 025 명령적 행정행위；하명과 면제 ··································· 178
Theme 026 명령적 행정행위；허가와 예외적 승인 ························· 181
Theme 027 인ㆍ허가 의제 ·························································· 191
Theme 028 형성적 행정행위：특허와 대리 ··································· 197
Theme 029 형성적 행정행위：강학상 인가 ··································· 203
Theme 030 도시 및 주거환경정비법 ：공용환권 ···························· 210
Theme 031 준법률행위적 행정행위 ·············································· 213
Theme 032 자동적 처분과 단계적 행정결정 ·································· 223
Theme 033 영업양도상 문제：제재사유의 승계 ······························ 228
Theme 034 행정행위의 부관 ························································ 234
제2장 행정행위의 통제
Theme 035 행정행위의 성립요건과 효력발생요건 ··························· 248
Theme 036 행정행위의 효력 ························································ 253
Theme 037 공정력과 선결문제 ····················································· 259
Theme 038 행정행위의 하자：무효와 취소 ···································· 263
Theme 039 위헌법령에 근거한 처분 ············································· 279
Theme 040 하자 있는 행정행위의 치유와 전환 ······························ 283
Theme 041 하자의 승계 ······························································ 288
Theme 042 행정행위의 폐지：직권취소와 철회 ······························ 296
Theme 043 행정행위의 효력소멸：실효 ········································· 313
Theme 044 처분의 이의신청( 행정기본법 제36조) ·························· 315
Theme 045 처분의 재심사( 행정기본법 제37조) ····························· 320
제3장 행정입법
Theme 046 행정입법；법규명령 ··················································· 325
Theme 047 행정규칙 ·································································· 346
Theme 048 행정입법의 형식과 내용의 불일치 ······························· 355
제4장 그 밖의 행정작용
Theme 049 행정계획 ·································································· 363
Theme 050 확약 ········································································ 375
Theme 051 공법상 계약 ····························································· 378
Theme 052 행정상 사실행위；행정지도를 중심으로 ······················· 386
Theme 053 행정조사 ·································································· 395
제3편 ❙ 행정의 실효성 확보수단
Theme 054 행정의 실효성 확보수단 개관 ······································ 410
제1장 행정상 강제
Theme 055 행정대집행 ································································ 414
Theme 056 이행강제금(집행벌) ····················································· 425
Theme 057 직접강제 ··································································· 433
Theme 058 행정상 강제징수 ························································ 435
Theme 059 행정상 즉시강제 ························································ 440
제2장 행정벌
Theme 060 행정형벌 ··································································· 447
Theme 061 행정질서벌；질서위반행위규제법 ·································· 456
제3장 그 밖의 행정의 실효성 확보수단
Theme 062 새로운 실효성 확보수단 ·············································· 468
②권 목차
제4편 ❙ 행정절차
Theme 063 행정절차 일반론 ························································ 484
Theme 064 「행정절차법」상 처분절차 ············································· 494
Theme 065 절차상 하자 ······························································ 518
Theme 066 「행정절차법」상 기타 작용 ············································ 520
제5편 ❙ 행정구제
제1장 행정소송
Theme 067 행정소송의 개관 및 한계 ············································ 528
Theme 068 취소소송의 소송요건：대상적격 ··································· 533
Theme 069 법률상 이익：원고적격 ··············································· 565
Theme 070 협의의 소의 이익 ······················································· 578
Theme 071 피고적격/피고경정 ····················································· 589
Theme 072 제소기간의 제한 ························································ 595
Theme 073 필수적 행정심판전치주의 ············································ 602
Theme 074 관할 ········································································· 607
Theme 075 가구제：집행정지 ······················································· 609
Theme 076 심리 ········································································· 621
Theme 077 처분사유의 추가ㆍ변경 ··············································· 628
Theme 078 청구의 이송ㆍ병합 ····················································· 637
Theme 079 소의 변경 ································································· 640
Theme 080 소송참가 ··································································· 642
Theme 081 제3자의 재심청구 ······················································· 644
Theme 082 판결의 종류；일부취소판결을 중심으로 ························· 645
Theme 083 사정판결 ··································································· 650
Theme 084 판결의 효력；인용판결을 중심으로 ······························· 653
Theme 085 무효등확인소송 ·························································· 665
Theme 086 부작위위법확인소송 ···················································· 669
Theme 087 당사자소송 ································································ 675
Theme 088 객관소송；민중소송과 기관소송 ··································· 687
제2장 행정심판
Theme 089 행정심판과 이의신청 ··················································· 689
Theme 090 행정심판법 상 행정심판절차 ········································ 695
제3장 행정상 손해배상
Theme 091 행정상 손해배상：국가배상법 제2조 ····························· 725
Theme 092 국가배상법 제5조 영조물책임 등 ································· 750
Theme 093 이중배상금지 ····························································· 760
Theme 094 국가배상법 기타 쟁점 ················································· 765
제4장 행정상 손실보상
Theme 095 행정상 손실보상 일반론 ············································· 770
Theme 096 손실보상의 근거：헌법 제23조 해석론 ························· 775
Theme 097 손실보상의 기준과 방법：토지보상법 ··························· 780
Theme 098 생활보상 ··································································· 796
보론(補論)
Theme 099 정보공개제도 ······························································· 802
Theme 100 개인정보 보호법 ·························································· 832
제1편 ❙ 행정법 서론
Theme 000 행정법의 지도원리 ····················································· 2
제1장 권력분립과 법치국가원리
Theme 001 행정법의 대상；행정의 의의 ······································· 8
Theme 002 통치행위 ································································· 12
Theme 003 법치행정의 원리 ······················································ 18
제2장 행정법의 일반원칙
Theme 004 행정법의 법원(法源) ················································· 25
Theme 005 행정법의 효력；행정법령의 적용시점 ························· 33
Theme 006 비례의 원칙 ···························································· 39
Theme 007 신뢰보호의 원칙 ······················································ 46
Theme 008 평등원칙 ································································· 60
Theme 009 자기구속의 원칙 ······················································ 65
Theme 010 부당결부금지의 원칙 ················································ 68
Theme 011 신의성실 및 권한남용금지원칙 ·································· 70
제3장 행정상 법률관계
Theme 012 행정상 법률관계의 종류/공법ㆍ사법의 구별 ··············· 72
Theme 013 특별권력관계 ·························································· 87
제4장 행정법관계의 주체와 원인 및 내용
Theme 014 행정법관계의 당사자 ················································ 92
Theme 015 행정법관계의 발생과 소멸；법률요건과 법률사실 ········ 101
Theme 016 사인의 공법행위 일반론 ··········································· 110
Theme 017 사인의 공법행위로서의 신고(申告) ····························· 116
Theme 018 지위승계신고 ··························································· 130
Theme 019 공권과 공의무 ························································· 133
Theme 020 개인적 공권의 확대화 경향；재량행위에서의 공권의 성립 ············ 141
제2편 ❙ 행정작용(행정의 행위형식)
제1장 행정행위의 종류
Theme 021 행정행위의 개념 ······················································· 152
Theme 022 기속행위와 재량행위 ················································· 157
Theme 023 불확정개념과 판단여지 ·············································· 172
Theme 024 제3자효 행정행위 ····················································· 175
Theme 025 명령적 행정행위；하명과 면제 ··································· 178
Theme 026 명령적 행정행위；허가와 예외적 승인 ························· 181
Theme 027 인ㆍ허가 의제 ·························································· 191
Theme 028 형성적 행정행위：특허와 대리 ··································· 197
Theme 029 형성적 행정행위：강학상 인가 ··································· 203
Theme 030 도시 및 주거환경정비법 ：공용환권 ···························· 210
Theme 031 준법률행위적 행정행위 ·············································· 213
Theme 032 자동적 처분과 단계적 행정결정 ·································· 223
Theme 033 영업양도상 문제：제재사유의 승계 ······························ 228
Theme 034 행정행위의 부관 ························································ 234
제2장 행정행위의 통제
Theme 035 행정행위의 성립요건과 효력발생요건 ··························· 248
Theme 036 행정행위의 효력 ························································ 253
Theme 037 공정력과 선결문제 ····················································· 259
Theme 038 행정행위의 하자：무효와 취소 ···································· 263
Theme 039 위헌법령에 근거한 처분 ············································· 279
Theme 040 하자 있는 행정행위의 치유와 전환 ······························ 283
Theme 041 하자의 승계 ······························································ 288
Theme 042 행정행위의 폐지：직권취소와 철회 ······························ 296
Theme 043 행정행위의 효력소멸：실효 ········································· 313
Theme 044 처분의 이의신청( 행정기본법 제36조) ·························· 315
Theme 045 처분의 재심사( 행정기본법 제37조) ····························· 320
제3장 행정입법
Theme 046 행정입법；법규명령 ··················································· 325
Theme 047 행정규칙 ·································································· 346
Theme 048 행정입법의 형식과 내용의 불일치 ······························· 355
제4장 그 밖의 행정작용
Theme 049 행정계획 ·································································· 363
Theme 050 확약 ········································································ 375
Theme 051 공법상 계약 ····························································· 378
Theme 052 행정상 사실행위；행정지도를 중심으로 ······················· 386
Theme 053 행정조사 ·································································· 395
제3편 ❙ 행정의 실효성 확보수단
Theme 054 행정의 실효성 확보수단 개관 ······································ 410
제1장 행정상 강제
Theme 055 행정대집행 ································································ 414
Theme 056 이행강제금(집행벌) ····················································· 425
Theme 057 직접강제 ··································································· 433
Theme 058 행정상 강제징수 ························································ 435
Theme 059 행정상 즉시강제 ························································ 440
제2장 행정벌
Theme 060 행정형벌 ··································································· 447
Theme 061 행정질서벌；질서위반행위규제법 ·································· 456
제3장 그 밖의 행정의 실효성 확보수단
Theme 062 새로운 실효성 확보수단 ·············································· 468
②권 목차
제4편 ❙ 행정절차
Theme 063 행정절차 일반론 ························································ 484
Theme 064 「행정절차법」상 처분절차 ············································· 494
Theme 065 절차상 하자 ······························································ 518
Theme 066 「행정절차법」상 기타 작용 ············································ 520
제5편 ❙ 행정구제
제1장 행정소송
Theme 067 행정소송의 개관 및 한계 ············································ 528
Theme 068 취소소송의 소송요건：대상적격 ··································· 533
Theme 069 법률상 이익：원고적격 ··············································· 565
Theme 070 협의의 소의 이익 ······················································· 578
Theme 071 피고적격/피고경정 ····················································· 589
Theme 072 제소기간의 제한 ························································ 595
Theme 073 필수적 행정심판전치주의 ············································ 602
Theme 074 관할 ········································································· 607
Theme 075 가구제：집행정지 ······················································· 609
Theme 076 심리 ········································································· 621
Theme 077 처분사유의 추가ㆍ변경 ··············································· 628
Theme 078 청구의 이송ㆍ병합 ····················································· 637
Theme 079 소의 변경 ································································· 640
Theme 080 소송참가 ··································································· 642
Theme 081 제3자의 재심청구 ······················································· 644
Theme 082 판결의 종류；일부취소판결을 중심으로 ························· 645
Theme 083 사정판결 ··································································· 650
Theme 084 판결의 효력；인용판결을 중심으로 ······························· 653
Theme 085 무효등확인소송 ·························································· 665
Theme 086 부작위위법확인소송 ···················································· 669
Theme 087 당사자소송 ································································ 675
Theme 088 객관소송；민중소송과 기관소송 ··································· 687
제2장 행정심판
Theme 089 행정심판과 이의신청 ··················································· 689
Theme 090 행정심판법 상 행정심판절차 ········································ 695
제3장 행정상 손해배상
Theme 091 행정상 손해배상：국가배상법 제2조 ····························· 725
Theme 092 국가배상법 제5조 영조물책임 등 ································· 750
Theme 093 이중배상금지 ····························································· 760
Theme 094 국가배상법 기타 쟁점 ················································· 765
제4장 행정상 손실보상
Theme 095 행정상 손실보상 일반론 ············································· 770
Theme 096 손실보상의 근거：헌법 제23조 해석론 ························· 775
Theme 097 손실보상의 기준과 방법：토지보상법 ··························· 780
Theme 098 생활보상 ··································································· 796
보론(補論)
Theme 099 정보공개제도 ······························································· 802
Theme 100 개인정보 보호법 ·························································· 832
