수험생들에게 행정법은 매우 어렵다고 심지어 외계어라고도 인식되는 과목이며, 행
정법을 처음 접한 학생들은 행정법 때문에 임용을 포기할까도 생각한다.
이토록 어렵다고 인식되는 이유는 이론, 판례 그리고 법조문으로 이루어져 있어 공
부할 분량도 많으며 법리를 이해하지 않은 채 단순히 암기하려고 하기 때문이다. 누누
이 이야기하지만 행정법은 암기의 과목이 아니다. 단순히 기출지문을 외우면 된다는
말에 현혹되지 않기를 바란다.
2023년 대비 행정법총론은 21년 제정된 행정기본법과 개정된 행정절차법을 반영하
고 자주 출제되는 판례를 삽입하였다. 기본서를 정독해야 하는 수험생들을 위해 다소
딱딱한 편집을 읽고 이해하기 쉬운 문장으로 편집하고자 노력해보았다.
수험생들에게 당부하고자 하는 것은 다음과 같다.
- 다독하라.
이론을 한번 들었다고 행정법을 안다 하지 마라. 문제를 풀어봤다고 행정법을 다 안
다고 하지 마라. 이론을 꾸준히 세 번 이상 회독하고 두 번째 이상 회독 시에는 문제풀
이를 시작해야 한다. 기본서 회독과 문제풀이가 병행될 때 행정법이 보이기 시작한다.
회독수가 늘어날수록 행정법을 이해하기 쉬워진다.
- 반복하라.
감히 국어나 영어와 같은 언어처럼 매일 반복하라. 많은 양을 한꺼번에 하려고 하지
말고 하루에 30분에서 한 시간만 행정법을 꾸준히 공부해주기 바란다. 문제풀이를 시
작하면 매일 정해진 문제의 수를 풀어야 한다. 꾸준함과 반복이 합격의 길로 가는 최선
책이다.
- 이해하라.
누군가는 행정법은 기출문제만 암기하면 된다고 하는데, 이해를 하지 못하는데 암
기가 되고, 암기했다고 오래 지속될까? 그렇지 않다. 이해를 먼저 하고 반복하면 외우
지 않아도 문제에서 답이 보이기 시작한다. 또한 이해해야 오래 지속되고 응용도 가능
하다.
기본적으로 학습에 있어서는 이 세 가지를 강조한다. 해보지도 않고 안 된다, 하지
말고 어려워도 해보자.
이 책이 수험생 여러분에게 도움이 되길 간절히 소망해본다.
이 책 발간에 도움을 주신 에프엠 김용한 대표님, 유혜종 이사님, 그리고 관계자분
들께 감사를 드립니다.
송현 드림
PART 01 행정법 통칙
CHAPTER 01 행정과 소방행정 10
제1절 행정··························································································· 10
제2절 통치행위···················································································· 15
CHAPTER 02 행정법의 의의 22
제1절 개설··························································································· 22
제2절 행정법의 법원··········································································· 30
제3절 행정법의 일반원칙···································································· 38
제4절 행정법의 효력··········································································· 65
제5절 행정상 법률관계········································································ 71
제6절 행정법의 흠결(행정법관계에 대한 사법규정의 적용)················ 91
제7절 특별권력관계(특별행정법관계)··················································· 94
제8절 행정상 법률요건과 법률사실····················································· 99
PART 02 행정작용법
CHAPTER 01 행정입법 120
제1절 법규명령·················································································· 122
제2절 행정규칙·················································································· 139
제3절 자치입법·················································································· 149
CHAPTER 02 행정행위 152
제1절 의의························································································· 152
제2절 행정행위의 종류······································································ 159
제3절 행정행위의 부관······································································ 195
제4절 행정행위의 성립요건과 효력발생요건····································· 207
제5절 행정행위의 효력······································································ 210
제6절 행정행위의 하자······································································ 216
제7절 행정행위의 취소 및 철회························································ 232
CHAPTER 03 그 밖의 행정의 주요 행위형식 242
제1절 확약························································································· 242
제2절 행정계획·················································································· 244
제3절 공법상 계약············································································· 255
제4절 행정지도·················································································· 261
제5절 공법상 합동행위······································································ 266
제6절 행정상의 사실행위·································································· 267
제7절 비공식적 행정작용·································································· 272
CHAPTER 04 행정절차와 정보공개, 개인정보보호 276
제1절 행정절차·················································································· 276
제2절 정보공개·················································································· 299
제3절 개인정보보호··········································································· 310
PART 03 행정법상의 의무이행 확보수단
CHAPTER 01 개설 352
CHAPTER 02 행정상 강제집행 354
CHAPTER 03 행정상 강제집행의 수단 356
CHAPTER 04 행정상 즉시강제 378
CHAPTER 05 행정조사 384
CHAPTER 06 행정벌 396
CHAPTER 07 행정상 새로운 의무이행확보수단 412
PART 04 행정구제법
CHAPTER 01 개설 428
CHAPTER 02 사후적 행정구제 458
제1절 행정상 손해배상······································································ 458
제2절 행정상 손실보상······································································ 492
제3절 그 밖의 손해전보제도····························································· 511
제4절 행정상 결과제거청구권··························································· 515
제5절 행정심판·················································································· 519
제6절 행정소송·················································································· 548
제7절 무효등확인소송········································································ 598
제8절 부작위위법확인소송································································· 604
제9절 무명항고소송··········································································· 612
제10절 당사자소송············································································ 613
제11절 객관적 소송··········································································· 621
