송현의 행정법 총론

저자 송현
출판사 에듀에프엠
발행일 2020년 8월 31일
ISBN 979-11-6170-104-2
페이지 668p
판형 4*6
정가 32,000원

상세정보

공시가 전부인 그대들에게


 


그대들이 공시생이 된 이유는 매우 다양합니다. 그게 어떤 이유이든 그대들의 소원은 공


시생이라는 타이틀을 벗는 것일겁니다. 그래서 지금도 딱딱한 의자와 밀려오는 잠과의 사


투를 벌이고 있는 것이겠지요. 공시생, 그대들을 바라볼 때 참 마음이 아픕니다. 선생으로


서 그대들을 위해 할 수 있는 게 무엇인지, 그대들의 마음을 들여다 보고 적은 말 한마디라


도 힘을 주는 선생이 되기를 희망해봅니다.


 


행정법은 통일된 법전이 없고 법리를 통한 용어의 도출 등 여러 원인으로 인해 처음 접한


학생들은 매우 어렵다고 심지어 외계어라고도 느끼는 과목입니다. 또한 행정법은 이론, 판


례 그리고 법조문으로 이루어져 있어서 공부할 분량도 많은 편에 속합니다. 그래서 어렵고


외워지지 않는 과목입니다. 저는 이러한 행정법을 쉽게 이해하고 오래도록 기억에 남게 하


고 싶고 나의 학생들이 행정법 때문에 더는 속상해 하지 않았으면 좋겠습니다.


 


그러기 위해서 몇가지 방법을 제안합니다.


 


첫째, 행정법은 꾸준함을 필요로 합니다.


이론 한번 들었다고 행정법을 안다 하지 마십시오. 문제를 풀어봤다고 행정법을 다 안다


고 하지 마십시오. 이론을 꾸준히 세 번이상 반복하여 회독하시고 두 번째 이상 회독시에는


문제풀이를 시작해야 합니다. 띄엄띄엄 공부하지 않도록 주의하십시오.


 


둘째, 매일 일정시간만큼 반복해서 복습해 주십시오.


감히 국어나 영어와 같은 언어처럼 매일 반복해주기를 부탁해봅니다. 많은 양을 한꺼번


에 하려고 하지 말고 하루에 30분이상만 행정법을 공부해주십시오. 어렵다는 거 알고 힘들


다는 것도 압니다. 그러나, 반복해서 들여다보는 꾸준함만이 필요합니다.


머리가 좋고 나쁘고는 중요하지 않습니다.


 


셋째, 외우려고 하지 마십시오.


행정법은 암기만 하면 된다고 하는데, 아닙니다. 이해를 하지 못하는데 암기한다고 오래


지속될까요? 그렇지 않습니다. 그러니 외우려고 하지 마십시오. 이해를 먼저 하시고 반복


하시면 외우지 않아도 문제에서 답이 보이기 시작합니다.


 


기본적으로 저는 이 세가지를 강조합니다. 해보지도 않고 안된다 하지 말고 어려워도 해


봅시다. 여러분의 뒤에 때로는 앞에 서서 여러분과 함께 하겠습니다.


 


늘 여러분을 응원합니다. 더운 여름에 힘내십시오.


책 발간에 도움을 주신 에프엠 김용한 대표님, 이사님, 관계자 여러분 감사합니다.


 


송현 드림

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목차

PART 01 행정법 통론


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


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


제2절 행정의 분류 ·································································································· 17


제3절 통치행위 ······································································································ 19


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 ············································································ 133


 


 


PART 02 행정작용법


제1장 행정입법 ················································································ 140


제1절 개설 ···································································································· 140


제2절 법규명령 ······························································································· 141


제3절 행정규칙 ······························································································ 159


제4절 자치입법 ······························································································· 172


제2장 제1절 행정행위의 의의와 특질 ··································································· 175


제2절 행정행위의 종류 ······················································································ 181


제3절 행정행위의 내용 ······················································································ 196


제4절 행정행위의 부관 ······················································································ 220


제5절 행정행위의 성립요건과 효력요건 ·································································· 234


제6절 행정행위의 효력 ······················································································ 240


제7절 행정행위의 하자(흠) ·················································································· 247


제8절 행정행위의 취소 및 철회 ·········································································· 265


제3장 그 밖의 행정의 주요 행위형식 ······················································ 278


제1절 확약 ···································································································· 278


제2절 행정계획 ······························································································ 282


제3절 공법상 계약 ·························································································· 295


제4절 공법상 합동행위 ······················································································ 300


제5절 행정상의 사실행위 ···················································································· 301


제6절 행정지도 ······························································································· 305


제7절 비공식적 행정작용 ················································································ 312


제4장 행정절차와 정보공개, 개인정보보호 ····························315


제1절 행정절차 ·································································315


제2절 정보공개제도와 개인정보보호 ·····································344


 


 


PART 03 행정법상의 실효성 확보수단


제1장 개설 ································································ 396


제2장 행정상 강제집행 ·················································397


제3장 행정상 즉시강제 ·················································418


제4장 행정벌 ·······························································423


제5장 행정의 새로운 실효성확보수단 ······························435


제6장 행정조사 ····························································445


 


 


PART 04 행정구제법


제1장 행정구제제도의 개관 ··············································458


제1절 행정구제의 의의 ·················································458


제2절 사전적 권리구제 ·················································458


제2장 행정상 손해배상 ····················································470


제1절 개설 ·································································470


제2절 공무원의 위법한 직무행위로 인한 손해배상 ···········472


제3절 영조물의 설치․관리의 하자로 인한 손해배상 ··········500


제4절 손해배상의 청구절차 ··········································509


제3장 행정상 손실보상 ···················································512


제1절 개설 ·································································512


제2절 행정상 손실보상의 근거 및 청구권의 성질 ·············512


제3절 행정상 손실보상의 요건 ······································516


제4절 손실보상의 기준과 내용 ······································524


제5절 보상의 방법과 지급 ············································530


제6절 손실보상에 대한 불복 ·········································535


제7절 그 밖의 손해전보제도 ·········································540


제8절 행정상 결과제거청구권 ·······································543


제4장 행정쟁송 ·····························································546


제1절 개설 ·································································546


제2절 행정심판 ····························································546


제3절 행정소송 ····························································582


제4절 항고소송 ····························································588


제5절 취소소송 ···························································588


제6절 무효등확인소송 ··················································644


제7절 부작위위법확인소송 ·············································649


제8절 무명항고소송 ······················································655


제9절 당사자소송 ·························································656


제10절 객관적 소송 ·····················································662

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