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▶ 공무원행정법에 관한 내용을 담은 전문서적입니다.

제1편 행정조직법
제01장 일반론 / 14
제1절 개 설 ·········································································································· 14
Ⅰ. 서 설 ···································································································· 14
Ⅱ. 행정조직의 유형 ·················································································· 14
Ⅲ. 행정조직의 기본원리 ··········································································· 15
제2절 행정기관 ····································································································· 17
Ⅰ. 서 설 ···································································································· 17
Ⅱ. 행정기관의 종류 ·················································································· 18
제3절 행정청의 권한 ···························································································· 24
Ⅰ. 서 설 ···································································································· 24
Ⅱ. 권한의 한계 ························································································· 24
Ⅲ. 권한의 효과 ························································································· 25
제4절 행정청의 권한의 대리와 위임 ···································································· 26
제1항 권한의 대리 ·························································································· 26
Ⅰ. 서 설 ···································································································· 26
Ⅱ. 권한대리의 종류 ·················································································· 27
Ⅲ. 대리권의 행사방식 ·············································································· 28
Ⅳ. 대리권 행사의 효과 ············································································ 29
Ⅴ. 대리권의 소멸 ····················································································· 30
Ⅵ. 권한의 복대리 ····················································································· 30
제2항 권한의 위임 ·························································································· 31
Ⅰ. 서 설 ···································································································· 31
Ⅱ. 유사개념과의 구별 ·············································································· 32
Ⅲ. 위임의 근거 ························································································· 33
Ⅳ. 위임의 한계 ························································································· 35
Ⅴ. 위임의 효과 ························································································· 36
Ⅵ. 내부위임 ······························································································ 38
Ⅶ. 비용부담 ······························································································ 41
Ⅷ. 권한 위임의 종료 ················································································ 41
Ⅸ. ?행정권한의 위임 및 위탁에 관한 규정?········································· 42
제5절 행정관청 상호간의 관계 ············································································· 43
Ⅰ. 상급관청의 감독권한 ··········································································· 43
Ⅱ. 대등행정관청 간의 관계 ····································································· 47
제02장 국가행정조직법 / 50
Ⅰ. 대통령 ·································································································· 51
Ⅱ. 국무회의 ······························································································ 52
Ⅲ. 국무총리 ······························································································ 52
Ⅳ. 국가행정조직법의 법원 ······································································· 54
제03장 자치행정조직법 / 55
제1절 개 설 ·········································································································· 55
Ⅰ. 지방자치행정의 의의 ··········································································· 55
Ⅱ. 지방자치제도의 본질 ··········································································· 55
Ⅲ. 지방자치의 법원(法源) ········································································ 56
Ⅳ. 지방자치단체 ······················································································· 56
Ⅴ. 주 민 ···································································································· 66
제2절 지방자치단체의 권한 ·················································································· 85
Ⅰ. 법적 근거 ····························································································· 85
Ⅱ. 지방자치단체의 사무범위 ··································································· 88
Ⅲ. 조례제정권 ··························································································· 96
제3절 지방자치단체의 기관 ················································································ 126
Ⅰ. 지방의회 ···························································································· 126
contents
Ⅱ. 지방자치단체의 집행기관 ································································· 132
제4절 국가와 지방자치단체 간의 관계 ······························································· 136
Ⅰ. 입법적 관여 ······················································································· 136
Ⅱ. 사법적 관여 ······················································································· 136
Ⅲ. 행정적 관여 ······················································································· 136
Ⅳ. 지방자치단체 간의 협력과 분쟁조정 ··············································· 147
Ⅴ. 지방자치단체의 특별기관：교육감 ··················································· 149
제04장 공무원법 / 153
제1절 개 설 ········································································································ 153
Ⅰ. 공무원의 개념 ··················································································· 153
Ⅱ. 공무원의 종류 ··················································································· 153
Ⅲ. 직업공무원제 ····················································································· 155
제2절 공무원관계의 발생?변경?소멸 ······························································· 157
Ⅰ. 공무원관계의 발생 ············································································ 157
Ⅱ. 공무원관계의 변경 ············································································ 163
Ⅲ. 공무원관계의 소멸 ············································································ 170
제3절 공무원의 권리?의무 및 책임 ·································································· 180
Ⅰ. 공무원의 권리 ··················································································· 180
Ⅱ. 공무원의 의무 ··················································································· 191
Ⅲ. 공무원의 징계책임 ············································································ 208
Ⅳ. 변상책임 ···························································································· 229
Ⅴ. 민?형사책임 ····················································································· 232
제2편 특별 행정작용법
제01장 경찰행정법 / 236
제1절 개 설 ········································································································ 236
Ⅰ. 경찰의 개념 ······················································································· 236
Ⅱ. 경찰의 종류 ······················································································· 237
Ⅲ. 경찰의 조직 ······················································································· 240
제2절 경찰권의 근거와 한계 ·············································································· 243
제1항 경찰권의 근거 ···················································································· 243
Ⅰ. 서 설 ·································································································· 243
Ⅱ. 특별경찰법상 특별수권 ····································································· 243
Ⅲ. 일반경찰법상 특별수권 ····································································· 247
Ⅳ. 일반경찰법상 개괄적(일반적) 수권조항(개괄조항?일반조항) ······· 269
Ⅴ. 손실보상 ···························································································· 272
제2항 경찰권의 한계 ···················································································· 273
Ⅰ. 서 설 ·································································································· 273
Ⅱ. 법규상의 한계 ··················································································· 274
Ⅲ. 조리상의 한계 ··················································································· 274
제3절 경찰책임 ··································································································· 278
Ⅰ. 서 설 ·································································································· 278
Ⅱ. 경찰책임의 주체 ················································································ 278
Ⅲ. 경찰책임의 유형 ················································································ 280
Ⅳ. 경찰책임의 승계 ················································································ 284
Ⅴ. 경찰상 긴급상태(제3자에 대한 경찰권 발동?경찰책임의 예외) ·· 284
contents
제02장 급부행정법 / 286
제1절 개 설 ········································································································ 286
Ⅰ. 서 설 ·································································································· 286
Ⅱ. 급부행정의 종류 ················································································ 286
Ⅲ. 급부행정의 기본원칙 ········································································ 287
제2절 공급행정 ··································································································· 289
제1항 공물법 ································································································· 289
Ⅰ. 서 설 ·································································································· 289
Ⅱ. 공물의 성립 ······················································································· 291
Ⅲ. 공물의 소멸 ······················································································· 296
Ⅳ. 공물의 법률적 특색 ·········································································· 299
Ⅴ. 공물관리권과 공물경찰권 ································································· 305
Ⅵ. 공물의 사용관계 ················································································ 307
제2항 공기업법 ······························································································ 333
Ⅰ. 서 설 ·································································································· 333
Ⅱ. 공기업의 법률적 특색 ······································································· 335
Ⅲ. 공기업의 이용관계 ············································································ 338
Ⅳ. 특허기업 ···························································································· 341
제3절 사회보장행정 ···························································································· 345
Ⅰ. 서 설 ·································································································· 345
Ⅱ. 사회보장행정의 내용 ········································································ 346
제4절 조성행정 ··································································································· 365
Ⅰ. 서 설 ·································································································· 365
Ⅱ. 자금조성행정 ····················································································· 365
Ⅲ. 사권보호행정 ····················································································· 368
제03장 규제행정법 / 369
제1절 토지규제행정법 ························································································· 369
제1항 토지행정계획 ······················································································ 369
Ⅰ. 국토계획 ···························································································· 369
Ⅱ. 도시?군계획 ····················································································· 370
제2항 토지의 거래규제 등 ··········································································· 389
Ⅰ. 토지거래계약허가제 ·········································································· 389
Ⅱ. 공시지가제 ························································································· 396
Ⅲ. 개발이익환수제 ·················································································· 403
제3항 토지의 이용규제 ················································································· 406
제2절 환경규제행정법 ························································································· 407
Ⅰ. 서 설 ·································································································· 407
Ⅱ. 환경행정법의 기본원칙 ····································································· 408
Ⅲ. 환경기준 ···························································································· 409
Ⅳ. 자연환경의 보전 ················································································ 410
Ⅴ. 환경영향평가제 ·················································································· 412
Ⅵ. 사후적 환경규제조치 ········································································ 421
Ⅶ. 환경분쟁에 대한 권리구제 ······························································· 424
제04장 공용부담법 / 432
제1절 개 설 ········································································································ 432
Ⅰ. 공용부담의 개념 ················································································ 432
Ⅱ. 공용부담의 근거 ················································································ 433
Ⅲ. 공용부담의 종류 ················································································ 433
제2절 인적 공용부담 ·························································································· 434
Ⅰ. 종 류 ·································································································· 434
Ⅱ. 부담금(負擔金) ·················································································· 434
Ⅲ. 노역(勞役)?물품(物品) ····································································· 438
contents
Ⅳ. 부역(夫役)?현품(現品) ····································································· 438
Ⅴ. 시설부담(施設負擔) ··········································································· 439
Ⅵ. 부작위부담(不作爲負擔) ···································································· 439
제3절 물적 공용부담 ·························································································· 440
제1항 공용수용 ······························································································ 440
Ⅰ. 서 설 ·································································································· 440
Ⅱ. 공용수용의 당사자 ············································································ 441
Ⅲ. 공용수용의 목적물 ············································································ 442
Ⅳ. 공익사업의 준비 ················································································ 446
Ⅴ. 공용수용의 절차 ················································································ 447
Ⅵ. 공용수용의 효과 ················································································ 463
Ⅶ. 환매권 ································································································ 465
제2항 공용제한 ······························································································ 477
Ⅰ. 서 설 ·································································································· 477
Ⅱ. 공용제한의 근거 ················································································ 477
Ⅲ. 공용제한의 유형 ················································································ 477
제3항 공용환지?공용환권 ··········································································· 479
Ⅰ. 공용환지 ···························································································· 479
Ⅱ. 공용환권 ···························································································· 488
제05장 재무행정법 / 490
제1절 개 설 ········································································································ 490
Ⅰ. 서 설 ·································································································· 490
Ⅱ. 재정법의 기본원칙 ············································································ 491
Ⅲ. 재정의 내용(재정작용) ······································································ 491
제2절 조 세 ········································································································ 493
Ⅰ. 서 설 ·································································································· 493
Ⅱ. 조세의 부과?징수?소멸 ································································· 500
Ⅲ. 조세행정상의 권리구제 ····································································· 513
제3절 회계(會計) ································································································ 524
Ⅰ. 서 설 ·································································································· 524
Ⅱ. 현금회계 ···························································································· 525
Ⅲ. 물품회계 ···························································································· 533
제06장 군사행정법 / 541
제1절 개 설 ········································································································ 541
Ⅰ. 군사행정의 개념 ················································································ 541
Ⅱ. 군사행정의 기본원칙 ········································································ 541
제2절 군정조직 ··································································································· 543
Ⅰ. 군정기관 ···························································································· 543
Ⅱ. 군공무원 ···························································································· 543
제3절 군정작용 ··································································································· 544
Ⅰ. 군사관리작용 ····················································································· 544
Ⅱ. 군사권력작용 ····················································································· 544

[머리말]
이 책을 내면서...
행정법에서 소기의 성과를 거두려면 다음의 사항을 유의해야 합니다.
첫째, 기본이론은 간단히 정리해야 하나 뚜렷하게 알아야 합니다. 이론을 구체적 사례에 적용하는 능력을 키워야 합니다.

둘째, 판례는 통째로 공부해야 합니다. 단순 판례까지 그럴 필요는 없습니다만, 중요 판례는 전체적인 쟁점을 모두 한 번에 공부해야 합니다. 조각난 판례 공부로는 종합적인 사례 문제에 제대로 대처할 수 없습니다. 고득점을 할 수 있는지 여부는 사례형에서 결정된다는 것을 유념하고 종합적인 판례 공부에 역점을 두기 바랍니다.

셋째, 문제 접근성을 높여야 합니다. 아는 것과 정답 맞추기 간에 Gap을 줄여야 합니다. 안다고 해서 정답을 맞출 수 있는 것은 아닙니다. 수험생들도 공부를 해보면서 절실하게 느끼는 일이겠지만 안다고 해서 정답을 맞추는 것은 아니라는 겁니다. 아는 것과 정답을 맞추는 것 간의 Gap이 있기 때문입니다.
따라서 이를 줄이려면 이론, 판례, 문제를 삼위일체식으로 공부해야 합니다.

본서는 저자의 수험공부방법론에 입각하여 만들어졌습니다.

첫째, 행정법각론의 특성상 출제 가능한 법령을 문장화하지 않고 조문 형식으로 배열하였습니다.

둘째, 중요 판례는 전체적인 쟁점을 모두 보여주려고 했습니다.

셋째, 출제 가능한 법령은 최근까지의 개정된 내용을 적극 반영하여 수험생들의 편리를 도모했습니다.

넷째, 중요 사항은 날개로 완벽하게 정리하여 최종 정리와 암기에 도움을 주려고 했습니다.

다섯째, 기출문제를 철저하게 분석하여 ○, ×식 지문으로 병기해 문제접근성을 높였습니다.

본서의 출간에는 여러 분들의 도움이 있었습니다.
교정을 맡아준 7급?9급 합격생 여러분과 좋은 지적으로 집필에 도움을 준 황남기 공무원수험연구소 여러분, 내용 검토 및 자료 작성을 도와준 행시 합격생 조창우, 정원석 변호사 등에 감사드립니다. 그리고 자신의 저서를 기꺼이 이용할 수 있도록 허락해 주신 서정욱 변호사에게도 감사의 말씀드립니다. 원고의 수정과 편집 틀을 여러 번 바꾸는 바람에 고생하신 채움의 편집부 직원 여러분들께도 다시 한 번 감사의 마음을 전합니다. 수험생들은 여러 과목을 공부해야 하므로 시간적 여유가 없습니다. 여러분이 최소한의 시간투자로 좋은 결과를 낳을 수 있도록 여러분을 대신해 좋은 자료와 문제 정리를 꾸준히 할 예정입니다. 수험생 여러분은 공부방법론에서 제안한 공부방법을 충실히 이행하여 좋은 성과 거두기를 기원합니다.

2019년 10월
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