강태월

제1권

제1편 행정법통론

제1장 행정법의 관념 ················· 23
제1절 행정법의 의의 ···· 23
제1목 행정법이란? ·········································· 23
제2목 행정관념의 성립(권력분립주의) ········ 23
제3목 행정에 관한 법으로서의 행정법 ······· 25
제4목 공법으로서의 행정법 ·························· 34
제2절 행정법의 성립과 유형 ································· 43
제1목 개괄(대륙법계와 영미법계) ················ 43
제2목 대륙법계 ···· 43
제3목 영미법계 ···· 45
제4목 우리나라 ···· 46
제5목 행정법의 특징 ······································ 46
제3절 행정법에 대한 헌법상의 원리 ················· 47
제1목 헌법에 대한 행정법학자들의 견해 ··· 47
제2목 헌법과 행정법의 관계 ························ 47
제3목 헌법상의 기본원리 ······························ 47
제4절 법치주의 ··············· 50
제1목 의 의 ·········· 50
제2목 법치주의의 내용 ·································· 50
제2장 행정법의 법원 ················· 57
제1절 법원의 관념 ········· 57
제1목 법원의 의의 ·········································· 57
제2목 법원의 종류 ·········································· 57
제2절 법의 효력 ············· 88
제1목 개 설 ·········· 88
제2목 시간적 효력 ·········································· 88
제3목 지역적 효력 ·········································· 93
제4목 대인적 효력 ·········································· 94
제3절 법원의 흠결과 보충 ····································· 94
제1목 개 괄 ·········· 94
제2목 공법규정의 유추적용 ·························· 95
제3목 사법 적용의 가능성 ···························· 96
제3장 행정상 법률관계 ············ 97
제1절 행정상 법률관계의 관념 ···························· 97
제1목 행정상 법률관계의 당사자 ················· 97
제2목 행정상 법률관계(행정법관계의 종류) ·········· 104
제2절 사법 형식의 행정작용 ································· 107
제1목 개 념 ·········· 107
제2목 행정사법작용 ········································ 107
제3목 특별행정법관계 ···································· 108
제3절 행정법관계의 내용 ······································· 115
제1목 의 의 ·········· 115
제2목 국가적 공권 ·········································· 115
제3목 개인적 공권 ·········································· 116
제4목 공의무 ········ 126
제4절 행정법관계의 발생?변경?소멸 ············· 127
제1목 개 설 ·········· 127
제2목 행정법상 사건 ······································ 129
제3목 사인의 공법행위 ·································· 140

제2편 행정작용법

제1장 행정입법 ····························· 155
제1절 개 설 ······················ 155
제1목 행정입법의 의의와 종류 ···················· 155
제2목 행정입법의 필요성과 문제점 ············· 156
제2절 법규명령 ··············· 157
제1목 법규명령의 의의 ·································· 157
제2목 법규명령의 종류 ·································· 158
제3목 법규명령의 근거 ·································· 162
제4목 법규명령의 성립요건?효력요건 ······· 163
제5목 하자있는 법규명령의 효력 ················· 165
제6목 법규명령의 한계(소의 이유 유무) ···· 166
제7목 법규명령의 통제 ·································· 171
제3절 행정규칙 ··············· 179
제1목 행정규칙의 의의 ·································· 179
제2목 행정규칙의 종류 ·································· 180
제3목 행정규칙의 성질 ·································· 182
제4목 행정규칙 입법형식과 법률사항의 불일치 ······ 185
제5목 행정규칙의 성립?하자?소멸 ·········· 194
제6목 행정규칙의 통제 ·································· 195
제2장 행정계획 ····························· 198
제1목 행정계획의 관념 ·································· 198
제2목 종 류 ·········· 198
제3목 행정계획의 법적 성질 ························ 199
제4목 행정계획의 절차 ·································· 203
제5목 행정계획의 효과 ·································· 204
제6목 행정계획의 통제 ·································· 206
제3장 행정행위 ····························· 213
제1절 행정행위의 관념과 종류 ···························· 213
제1목 행정행위의 개념 ·································· 213
제2목 행정행위의 특질 ·································· 218
제3목 행정행위의 종류 ·································· 218
제2절 기속행위?재량행위?불확정개념 ··········· 226
제1목 기속행위와 재량행위(효과 측면) ······ 226
제2목 불확정개념과 판단여지(요건 측면) ·· 237
제3절 행정행위의 내용 242
제1항 법률행위적 행정행위 ························· 242
제1목 명령적 행위 ·········································· 243
1. 개 괄 ···· 243
2. 하 명 ···· 243
3. 허 가 ···· 244
4. 면 제 ···· 256
제2목 형성적 행위 ·········································· 257
1. 특허(상대방을 위한 행위) ·············· 257
2. 타자를 위한 행위 ···························· 260
제2항 준법률행위적 행정행위 ····················· 264
제1목 개 념 ·········· 264
제2목 확 인 ·········· 264
제3목 공 증 ·········· 267
제4목 통 지 ·········· 272
제5목 수 리 ·········· 275
제4절 행정행위의 적법요건 ··································· 279
제1목 주체요건 ···· 279
제2목 내용요건 ···· 280
제3목 절차요건 ···· 280
제4목 형식요건 ···· 280
제5목 표시(송달?통지)요건(외부적 성립요건) ······ 281
제5절 행정행위의 효력 283
제1목 효력의 개념 ·········································· 283
제2목 내용상 구속력 ······································ 283
제3목 공정력(예선적 효력) ···························· 284
제4목 구성요건적 효력 ·································· 287
제5목 존속력(확정력) ······································ 290
제6목 강제력 ········ 294
제6절 행정행위의 하자 295
제1목 일반론 ········ 295
제2목 행정행위의 무효와 취소의 구별 ······· 297
제3목 하자의 정도가 취소인 행정행위 ······· 301
제4목 하자의 정도가 무효인 행정행위 ······· 304
제5목 행정행위의 하자의 승계 ···················· 309
제6목 하자 있는 행정행위의 치유와 전환 · 314
제7절 행정행위의 폐지 320
제1목 의 의 ·········· 320
제2목 직권취소와 쟁송취소 비교 ················· 321
제3목 행정행위의 직권취소 ·························· 322
제4목 행정행위의 철회 ·································· 327
제8절 행정행위의 실효 330
제1목 실효의 의의 ·········································· 330
제2목 구 별 ·········· 330
제3목 실효의 사유 ·········································· 330
제4목 실효의 효과 ·········································· 330
제9절 부 관 ······················ 331
제1목 부관의 관념 ·········································· 331
제2목 부관의 기능 ·········································· 333
제3목 부관의 종류(조기부유일) ···················· 334
제4목 하자 있는 부관에 대한 권리구제 ···· 342
제4장 기타 행정의 행위형식 · 351
제1절 확언과 확약 ········· 351
제1목 의 의 ·········· 351
제2목 법적 근거 ·· 351
제3목 법적 성질(행정행위성 여부) ·············· 352
제4목 확언?확약의 요건 ······························ 353
제5목 확언?확약의 효과 ······························ 354
제2절 공법상 계약 ········· 355
제1목 관 념 ·········· 355
제2목 법적 근거와 유용성 ···························· 357
제3목 종 류 ·········· 358
제4목 공법상 계약에서 권리?의무의 성격 ············ 358
제5목 성립 요건 ·· 358
제6목 하 자 ·········· 359
제7목 계약관계의 변경.실현 ······················ 359
제8목 권리구제 ···· 360
제3절 공법상 사실행위(사실행위론 1) ··············· 362
제1목 개 념 ·········· 362
제2목 종 류 ·········· 362
제3목 법적 근거 ·· 363
제4목 한 계 ·········· 363
제5목 권리보호 ···· 363
제4절 행정지도(사실행위론 2) ······························· 364
제1목 행정지도의 의의 ·································· 364
제2목 기 능 ·········· 365
제3목 법적 근거 ·· 365
제4목 종류(기능의 차이) ································ 366
제5목 성 질 ·········· 366
제6목 행정지도의 원칙과 방식 ···················· 366
제7목 한 계 ·········· 367
제8목 권리보호 ···· 368
제5절 자동화 행정결정 371
제1목 자동화 행정작용의 의의 ···················· 371
제2목 자동화 행정작용의 법적 성질 ·········· 371
제3목 자동화 행정결정의 특성 ···················· 371
제4목 자동화 행정결정의 하자와 권리구제 ·············· 371

제3편 행정의 실효성 확보수단

Intro 행정의 실효성 확보수단 ·········································· 375
제1장 행정상 강제집행 ············ 376
제1절 일반론 ···················· 376
제1목 행정상 강제집행의 관념 ···················· 376
제2목 법적 근거 ·· 377
제3목 종류(대강이직) ······································ 377
제2절 대집행 ···················· 378
제1목 관 념 ·········· 378
제2목 법적 근거 ·· 378
제3목 내 용 ········ 379
제4목 절차(계통실비) ······································ 384
제5목 권리구제 ···· 387
제3절 행정상 강제징수 388
제1목 의 의 ·········· 388
제2목 법적 근거 ·· 389
제3목 절차(독압매청) ······································ 389
제4목 권리구제 ···· 395
제4절 집행벌(이행강제금) ······································· 395
제1목 관 념 ·········· 395
제2목 특 징 ·········· 396
제3목 법적 근거 ·· 397
제4목 불복이 있는 자 ···································· 398
제5절 직접강제 ··············· 399
제1목 관 념 ·········· 399
제2목 법적 근거 ·· 399
제3목 대 상 ·········· 399
제4목 한 계 ·········· 400
제5목 권리구제 ···· 400
제2장 행정벌 ································· 401
제1목 관 념 ·········· 401
제2목 특징(다른 벌과의 구별) ······················ 401
제3목 법적 근거 ·· 402
제4목 종 류 ·········· 403
제3장 즉시강제 ····························· 420
제1목 관 념 ·········· 420
제2목 근 거 ·········· 420
제3목 법적 성질 ·· 420
제4목 종 류 ·········· 421
제5목 한 계 ·········· 422
제6목 권리구제 ···· 423
제4장 행정조사 ····························· 424
제1목 의의(자료나 정보 확보가 목적) ········ 424
제2목 종 류 ·········· 424
제3목 위법한 조사의 효과 ···························· 425
제4목 한 계 ·········· 426
제5목 권리구제 ···· 427
제6목 행정조사기본법 ·································· 428
제5장 새로운 의무이행확보수단 ······································ 436
제1절 새로운 실효성 확보수단의 등장 배경 ·· 436
제1목 개 설 ·········· 436
제2목 새로운 실효성확보수단의 성격 ········· 436
제2절 금전상 제재 ········· 436
제1목 과징금과 부과금 ·································· 436
제2목 가산세 ········ 440
제3목 가산금 ········ 441
제3절 제재적 행정처분(관허사업의 제한) ········ 442
제1목 의 의 ········ 442
제2목 법적 근거의 필요 여부 ······················ 442
제3목 종 류 ·········· 443
제4절 공급거부 ··············· 443
제1목 의 의 ·········· 443
제2목 법적 근거 ·· 443
제3목 한 계 ·········· 444
제4목 권리구제 ···· 444
제5절 공 표 ······················ 445
제1목 의 의 ·········· 445
제2목 기 능 ·········· 446
제3목 법적 성질 ·· 446
제4목 법적 근거 ·· 446
제5목 한 계 ·········· 447
제6목 권리구제 ···· 448

● 색인(Index) ······························· 450


제2권

제4편 행정구제법

제1장 사전구제제도 ··················· 479
제1절 청 원 ······················ 479
제1목 의 의 ·········· 479
제2목 청원사항 ···· 479
제3목 청원대상기관 ········································ 480
제4목 청원방법 ···· 480
제2절 옴부즈맨 제도 ···· 481
제1목 의 의 ·········· 481
제2목 특 성 ·········· 481
제3목 비 판 ·········· 482
제4목 우리나라의 옴부즈맨제도 ··················· 482
제3절 행정절차법 ··········· 490
제1목 행정절차 일반론 ·································· 490
제2목 행정절차의 종류 ·································· 494
제3목 행정절차의 기본 요소 ························ 505
제4목 당사자등의 권리 ·································· 510
제5목 행정절차의 하자 ·································· 520
제4절 민원사무처리제도 ·········································· 524
제5절 행정규제기본법 ·· 532
제6절 정보공개제도 ······· 535
제1목 정보공개제도 ········································ 535
제2목 정보공개청구권 ···································· 536
제3목 공공기관의 정보공개에 관한 법률 ··· 538
제7절 개인정보의 보호 560
제1목 개인정보보호 ········································ 560
제2목 개인정보보호법 ···································· 562
제2장 손해전보제도(사후적 구제) ··································· 593
제1절 국가배상제도 ······· 593
제1목 일반론 ········ 593
제2목 공무원의 위법한 직무집행행위로 인한 배상책임 ····················· 597
(국가배상의 첫 번째 유형)
제3목 영조물의 하자로 인한 배상책임 ······· 619
제4목 배상청구절차와 배상액 산정 ············· 628
제2절 손실보상제도 ······· 633
제1목 관 념 ·········· 633
제2목 근 거 ·········· 634
제3목 성 질 ·········· 635
제4목 성립요건 ···· 637
제5목 보상의 절차와 권리보호 ···················· 645
제6목 보상의 내용 ·········································· 651
제3절 손해전보제도의 보완 ··································· 659
제1목 문제점 ········ 659
제2목 수용유사침해보상 ································ 659
제3목 수용적 침해보상 ·································· 662
제4목 희생보상청구권 ···································· 663
제5목 결과제거청구권(원상회복청구권) ······· 664
제3장 행정쟁송법 ························ 670
제1절 행정소송법 ··········· 670
제1항 일반론 ····· 670
제1목 관 념 ·········· 670
1. 행정쟁송 개괄 ································· 670
2. 행정소송의 의미 ······························ 671
3. 기 능 ···· 672
4. 종 류 ···· 672
제2목 행정소송의 한계 ·································· 674
1. 문제 제기 ········································· 674
2. 사법본질적 한계 ······························ 675
3. 권력분립적 한계(사법의 적극성) ·· 677
제3목 소장의 접수와 소송의 종료 ············ 680
1. 소장접수 ··········································· 680
2. 소송의 종료 ··································· 681
제2항 항고소송 ··· 681
제1목 취소소송 ···· 681
1. 취소소송의 관념 ······························ 681
2. 본안판단의 전제요건(소송요건) ····· 691
3. 가구제 ··· 772
4. 본안요건(이유의 유무 - 수소법원의 본안판단) ····················· 782
5. 소의 변경 ········································· 783
6. 취소소송의 심리 ······························ 788
7. 취소소송의 판결 ······························ 801
8. 상소.재심 및 위헌소원 ················ 821
9. 소송비용 ··········································· 823
제2목 무효등확인소송 ···································· 826
1. 관 념 ···· 826
2. 본안판단의 전제요건(소송요건) ····· 827
3. 가구제 ··· 832
4. 소송의 심리(심리절차상의 원칙) ·· 832
5. 판 결 ···· 833
6. 선결문제 ··········································· 834
제3목 부작위위법확인소송 ····························· 837
1. 관 념 ···· 837
2. 본안판단의 전제요건(소송요건) ····· 838
3. 소송의 심리 ····································· 843
4. 판 결 ···· 844
제4목 무명항고소송 ········································ 845
제3항 당사자소송 ··········································· 847
제1목 의 의 ·········· 847
1. 개 념 ···· 847
2. 구별개념 ··········································· 847
제2목 종 류 ·········· 848
1. 실질적 당사자소송 ·························· 848
2. 형식적 당사자소송 ·························· 852
제3목 성 질 ·········· 854
제4목 당사자?참가인 ···································· 854
1. 원고적격 ··········································· 854
2. 피고적격 ··········································· 854
3. 소송참가 ··········································· 855
제5목 소송의 제기 ·········································· 855
1. 요 건 ···· 855
2. 소의 변경 및 관련청구의 이송?병합 ····································· 856
제6목 판 결 ·········· 856
1. 판결의 종류와 효력 ························ 856
2. 위헌판결의 공고와 불복 ················ 856
3. 가집행선고 ······································· 856
제4항 객관적 소송 ········································· 860
제1목 민중소송 ···· 860
1. 의 의 ···· 860
2. 적용법규(준용규정) ························· 860
3. 성 질 ···· 860
4. 민중소송의 예 ································· 861
제2목 기관소송 ···· 863
1. 관 념 ···· 863
2. 적용법규(준용규정) ························· 864
3. 성 질 ···· 864
4. 감독처분에 대한 소송 ···················· 865
제2절 행정심판법 ··········· 868
1. 개 설 ···· 868
2. 행정심판의 종류 ······························ 873
3. 행정심판의 대상 ······························ 877
4. 행정심판기관 ··································· 878
5. 당사자와 관계인 ······························ 885
6. 행정심판의 청구 ······························ 888
7. 심판청구기간(행정심판법 제27조) 892
8. 행정심판청구의 효과 ······················ 895
9. 행정심판의 심리 ······························ 899
10. 행정심판의 고지제도 ···················· 911
11. 특별행정심판 ································· 916

● 색인(Index) ································· 918

저자 강태월

저자 강태월