추가 적립 안내

저자는 행정법학의 ‘표준사례’, ‘표준판례’를 제시하면서 행정법학의 요체를 설명하고자 노력하였지만, 이를 위해서는 더욱 깊은 학문적 연구가 필요함에도 그에 턱없이 부족하다는 점을 절실히 느끼고 있다. 물론 이 책은 행정법 분야의 연구자가 그 연구 결과를 전달하고픈 상대방, 즉 학생들도 그 독자가 될 수 있다. 사실은 학생들이 피드백을 해주어야만 비로소 이 책의 목적이 달성될 수 있는 측면도 있다.

학생들은 이 책에서 표준사례를 통해 행정법의 기초를 익힌 다음에는, 그 뒤에 이어지는 심화 사례(제2편)를 통해 행정법학의 공부를 심화시킬 수 있다. 심화 학습은 주로 로스쿨 학생들의 효율적인 학습을 목표로 저술되었다.

이 책은 행정법학의 동료 연구자들과 함께 행정법학의 표준사례·표준판례를 논의하고자 하는
목적에서 저술되었다.
행정법학의 연구자에게 가장 어려운 일 중 하나는 그 연구 결과를 후학에게 쉽게 전달하는 일이
다. 행정법학의 연구자는 누구나 자신은 매우 쉽게 가르치고 있다고 생각하지만, 정작 학생들은
쉽지 않다고 말하고 심지어 외계어(아무리 많이 읽어도 결국 모르는 언어)라고 표현하기까지 한
다. 심지어 대법관이나 헌법재판관과 같이 수십 년의 경험을 쌓은 법조인들까지도 법학 중 행정
법이 가장 어려웠었고 지금도 가장 어렵다고 말하곤 한다.
그 가장 큰 원인 중의 하나는, 행정법학은 특히 실생활에 적용되는 실용법학인 까닭에 행정법에
서 사용되고 있는 개념은 구체적 사례를 통해 익혀야만 하는데, 많은 교과서에서 제시된 사례는
주로 ‘복잡한 판례’ 위주여서 기초 개념을 익히기엔 그 용어나 내용 등의 ‘사양’이 지나치게 높다
는 데 있다고 생각한다.
과장해서 말하자면, 압력밥솥으로 밥을 지으려 하는데 그 사용설명서에서는 “p=F/A”라는 정의
와 “pa” 또는 “Torr” 등의 용어를 통해 설명하고 있다면 밥 짓기가 너무 어려울 수밖에 없다(물
론 이는 지나친 과장이지만, 그 뜻은 충분히 전달되었을 것으로 생각된다). 그럴 수밖에 없는
것이 행정법령은 우리나라 법령의 90%가 넘고 따라서 그에 터 잡아 내린 판례는 매우 ‘방대’할
뿐만 아니라 그 판례들은 모두 해당 법령의 ‘(매우) 복잡’한 내용을 그대로 품고(전제로 깔고) 있
기 때문이다.
이런 점에서 행정법의 기본개념을 쉽게 이해하려면 오로지 그 개념에만 집중할 수 있는 매우 간
략한 사례의 제시가 필요하고, 따라서 그에 부합하는 ‘표준사례’, 또는 ‘표준판례’를 개발하는 작
업은 행정법학의 연구자에게 매우 필요한 일이라고 할 수 있다.
그런데 사실은, 기초 개념을 가르치는 것이 고차원의 연구보다 더 어렵다. 이를테면 ‘사람’이 무
엇인지를 따지지 않고 이를 전제로 하고 넘어가면 쉽지만(대부분은 여기에 해당한다), 정작 ‘사
람’이 무엇인가를 설명하려면 많은 철학자의 사고를 매우 깊게, 어쩌면 평생 공부해야만 한다.
마찬가지로 흔한 법학 용어도 심오한 법철학까지 깊이 파고들어야 제대로 이해할 수 있는 경우
가 허다하다.
이에 이 책에서 저자는 행정법학의 ‘표준사례’, ‘표준판례’를 제시하면서 행정법학의 요체를 설명
하고자 노력하였지만, 이를 위해서는 더욱 깊은 학문적 연구가 필요함에도 그에 턱없이 부족하다
는 점을 절실히 느끼고 있다.
물론 이 책은 행정법 분야의 연구자가 그 연구 결과를 전달하고픈 상대방, 즉 학생들도 그 독자
가 될 수 있다. 사실은 학생들이 피드백을 해주어야만 비로소 이 책의 목적이 달성될 수 있는 측
면도 있다. 학생들은 이 책에서 표준사례를 통해 행정법의 기초를 익힌 다음에는, 그 뒤에 이어
지는 심화 사례(제2편)를 통해 행정법학의 공부를 심화시킬 수 있다. 심화 학습은 주로 로스쿨
학생들의 효율적인 학습을 목표로 저술되었다(만약 이 책의 심화 사례로 부족하다면, 여력이 되
는 한 추가 출간할 생각을 가지고 있다).
이 책이 출간되기까지 많은 분의 도움이 있었다. 먼저 이 책의 내용 면에서, 행정법학의 대가이
면서도 항상 학생들의 관점에서 어떻게 하면 학생들에게 더 쉽게 설명할 수 있을지를 생각해 오
신 홍정선·한견우 교수님의 모범이 이 책을 저술하는 유력한 동기가 되었다. 그리고 연세대학
교 법학전문대학원의 동료 교수님들의 많은 격려가 있었다. 이 모든 분께 깊이 감사드리며, 이
책의 출간을 기꺼이 맡아주신 도서출판 자운의 장지훈 사장님의 번성을 기원한다.
최진수 씀

제1편 표준사례를 통한 행정법의 체계형성
표준사례 1 ···························································· 2
표준사례 2 ···························································· 4
표준사례 3 ·························································· 18
표준사례 4 ·························································· 21
표준사례 5 ·························································· 29
표준사례 6 ·························································· 31
표준사례 7 ·························································· 33
표준사례 8 ·························································· 38
표준사례 9 ·························································· 43
표준사례 10 ························································ 46
표준사례 11 ························································ 47
표준사례 12 ························································ 49
표준사례 13 ························································ 51
표준사례 14 ························································ 51
표준사례 15 ························································ 52
표준사례 16 ························································ 54
표준사례 17 ························································ 59
표준사례 18 ························································ 59
표준사례 19 ························································ 60
표준사례 20 ························································ 61
목차 · 7
표준사례 21 ························································ 61
표준사례 22 ························································ 62
표준사례 23 ························································ 65
표준사례 24 ························································ 66
표준사례 25 ························································ 67
표준사례 26 ························································ 68
표준사례 27 ························································ 70
표준사례 28 ························································ 71
표준사례 29 ························································ 74
표준사례 30 ························································ 75
표준사례 31 ························································ 83
표준사례 32 ························································ 84
표준사례 33 ························································ 87
표준사례 34 ························································ 88
표준사례 35 ························································ 91
표준사례 36 ························································ 95
표준사례 37 ························································ 95
표준사례 38 ························································ 97
표준사례 39 ······················································ 100
표준사례 40 ······················································ 102
표준사례 41 ······················································ 103
표준사례 42 ······················································ 106
8 · 목차
표준사례 43 ······················································ 107
표준사례 44 ······················································ 108
표준사례 45 ······················································ 109
표준사례 46 ······················································ 110
표준사례 47 ······················································ 115
표준사례 48 ······················································ 116
표준사례 49 ······················································ 121
표준사례 50 ······················································ 123
표준사례 51 ······················································ 123
표준사례 52 ······················································ 124
표준사례 53 ······················································ 126
표준사례 54 ······················································ 127
표준사례 55 ······················································ 128
표준사례 56 ······················································ 136
표준사례 57 ······················································ 138
표준사례 58 ······················································ 140
표준사례 59 ······················································ 144
표준사례 60 ······················································ 146
표준사례 61 ······················································ 147
표준사례 62 ······················································ 149
표준사례 63 ······················································ 149
표준사례 64 ······················································ 150
목차 · 9
표준사례 65 ······················································ 151
표준사례 66 ······················································ 153
표준사례 67 ······················································ 155
제2편 심화 사례를 통한 행정법의 심화 학습
제1회 심화 사례 ··········································· 161
제2회 심화 사례 ··········································· 170
제3회 심화 사례 ··········································· 180
제4회 심화 사례 ··········································· 189
제5회 심화 사례 ··········································· 198