2018 송현 행정법 총론

저자 송현
출판사 에듀에프엠
발행일 2017년 7월 04일
ISBN 979-11-61700-06-9
페이지 640p
판형 4*6
정가 32,000원

상세정보

공무원을 준비하는 우리 학생들에게


공무원이 되기 위해, 하나의 드라마 속 주인공처럼 열심인 학생들을 바라보며, 이들을 위해 무엇


을 할 수 있을까? 더 좋은 교재를 만들고 좋은 강의를 해야겠다며 늘 다짐을 해보게 된다.


시간을 쪼개서 공부하고 졸리면 서서 공부하는 우리 학생들.


그대들의 수험기간을 단축시키고 싶다. 한번에 행정법의 이론, 판례를 인지하고 학습하게 하고


싶다. 나의 학생들이 행정법 때문에 더는 속상해 하지 않고 합격으로 한 걸음 더 나아가는데 도움이 되고 싶다. 이런 바람이 맘속에 일렁이고 있었다.


행정법은 통일된 법전이 없고 법리를 통한 용어의 도출 등 여러 원인으로 인해 처음 접한 학생들은 매우 어렵다고 느끼는 심지어, 외계어라고도 느끼는 과목이다. 그러나 꾸준한 반복으로 인해 어느 과목보다 효자역할을 하는 과목이기도 하다. 그래서 도전했다가 외계어라는 사실을 알곤 쉽게 포기하기도 한다. 그러다 결국......이런 악습을 줄이고 싶어 이 책을 편집하게 되었다.


 


이 책은 기본이론, 필수기출판례, 법령으로 구성 되어 있다. 행정법 시험은 판례들을 위주로 출제되지만 그렇다고 기본이론이나 법령을 몰라서는 고득점을 기대하기 어렵다. 따라서 기본서와 수업을 통해 꾸준히 반복하기를 권한다. 운동선수는 좋은 성적을 거두기 위해 매일 꾸준한 연습량을 채운다. 설령 여건이 허락되지 않아도 목표를 잊지 않고 목표를 이루기 위해 그 마음을 다지게 된다.


우리 학생들도 꾸준한 학습과 반복을 통해 행정법의 고득점을 획득하기를 기대해본다.


 


행정법 공부는 처음부터 깊이 하려고 하면 안된다. 가볍게 전체 흐름을 이해하고 그 세부내용을


보아야 한다. 처음부터 나뭇잎이 아닌 산전체의 모습을 보길 권한다. 산 전체의 모습이 이해되면


조금 더 세부적으로 학습하기를.. 기본적으로 3회독 이상 학습해야 하며 2회독부터 관련 단원별 기출이나 ○, ×문제를 함께 학습해야 한다. 매일 반복하여 내 잔이 찰 때 비로소 행정법이 내 점수가 될 것이다. 행정법은 꾸준한 반복만이 살 길이다.


 


아무쪼록 자신의 꿈을 이루기 위해 노력하는 수험생 여러분들에게 본서가 좋은 길라잡이가 되었


으면 하는 바람이다.


끝으로 이 책이 나오기까지 도움을 주신 에프엠출판사의 김용한 대표님, 그리고 디자인팀 등 관계자 분들께 감사의 인사를 전한다.


2017년 6월 송현 올림

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목차

PART 01 행정법 통론


제1장 행정 ·································································10


제1절 행정의······························································ 10


제2절 통치행위 ·························································· 17


제3절 행정의 분류 ······················································ 24


제2장 행정법의 의의 ····················································26


제1절 행정법의 의의 ····················································26


제2절 행정법의 성립과 유형 ········································ 27


제3절 행정법의 특색 ··················································· 29


제4절 우리나라 행정법의 기본원리 ································ 32


제5절 법치행정의 원리(행정의 법률적합성의 원칙) ···········32


제6절 행정법의 법원 ·····················································39


제7절 행정법의 일반원칙 ·············································· 47


제8절 행정법의 효력 ···················································· 73


제3장 행정상 법률관계 ···················································80


제1절 행정상 법률관계의 의의와 종류 ····························· 80


제2절 공법과 사법의 구별 ··············································80


제3절 행정상 법률관계의 종류 ······································· 82


제4절 행정법관계의 당사자 ············································ 85


제5절 행정법관계의 특질 ················································87


제6절 행정법 관계의 내용 ·············································· 92


제7절 행정법의 흠결(행정법관계에 대한 사법규정의 적용) ·· 105


제8절 특별권력관계(특별행정법관계) ································ 107


제4장 행정상의 법률요건과 법률사실 ································114


제1절 의의와 종류 ························································ 114


제2절 행정법상의 사건 ·················································· 115


제3절 주소․거소 ···························································· 122


제4절 공법상 사무관리 ·················································· 122


제5절 공법상 부당이득 ·················································· 124


제6절 사인의 공법행위 ·················································· 127


제7절 사인의 공법행위로서의 신고 ·································· 133CHAPTER


 


 


PART 02 행정작용법


제1장 행정입법 ·····························································138


제1절 개설 ································································· 138


제2절 법규명령 ···························································· 139


제3절 행정규칙 ···························································· 157


제4절 자치입법 ···························································· 170


제2장 행정행위 ···························································· ·173


제1절 행정행위의 의의와 특질 ··········································173


제2절 행정행위의 종류 ·····················································179


제3절 행정행위의 내용 ·····················································193


제4절 행정행위의 부관 ·····················································217


제5절 행정행위의 성립요건과 효력요건 ·······························231


제6절 행정행위의 효력 ·····················································237


제7절 행정행위의 하자(흠) ················································244


제8절 행정행위의 취소 및 철회 ·········································262


제3장 그 밖의 행정의 주요 행위형식 ··································275


제1절 확약 ······································································275


제2절 행정계획 ································································279


제3절 공법상 계약 ····························································292


제4절 공법상 합동행위 ······················································297


제5절 행정상의 사실행위 ···················································298


제6절 행정지도 ································································302


제7절 비공식적 행정작용 ···················································309


제4장 행정절차와 정보공개, 개인정보보호 ····························312


제1절 행정절차 ·································································312


제2절 정보공개제도와 개인정보보호 ·····································340


 


 


 


 


 


PART 03 행정법상의 실효성 확보수단


제1장 개설 ································································ 384


제2장 행정상 강제집행 ·················································385


제3장 행정상 즉시강제 ·················································407


제4장 행정벌 ·······························································412


제5장 행정의 새로운 실효성확보수단 ······························423


제6장 행정조사 ····························································433


 


 


PART 04 행정구제법


제1장 행정구제제도의 개관 ··············································446


제1절 행정구제의 의의 ·················································446


제2절 사전적 권리구제 ·················································446


제2장 행정상 손해배상 ····················································454


제1절 개설 ·································································454


제2절 공무원의 위법한 직무행위로 인한 손해배상 ···········457


제3절 영조물의 설치․관리의 하자로 인한 손해배상 ··········482


제4절 손해배상의 청구절차 ··········································492


제3장 행정상 손실보상 ···················································494


제1절 개설 ·································································494


제2절 행정상 손실보상의 근거 및 청구권의 성질 ·············494


제3절 행정상 손실보상의 요건 ······································498


제4절 손실보상의 기준과 내용 ······································506


제5절 보상의 방법과 지급 ············································510


제6절 손실보상에 대한 불복 ·········································514


제7절 그 밖의 손해전보제도 ·········································518


제8절 행정상 결과제거청구권 ·······································521


제4장 행정쟁송 ·····························································525


제1절 개설 ·································································525


제2절 행정심판 ····························································525


제3절 행정소송 ····························································557


제4절 항고소송 ····························································563


제5절 취소소송 ···························································564


제6절 무효등확인소송 ··················································615


제7절 부작위위법확인소송 ·············································620


제8절 무명항고소송 ······················································626


제9절 당사자소송 ·························································626


제10절 객관적 소송 ·····················································632

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