추가 적립 안내

- 독자대상 : 변호사시험 준비생
- 구성 및 특징 :
① 최근 경향 반영
② 학습 내용 체계적으로 구성

변호사시험은 공부할 양이 지나치게 많습니다. 그런데 공부할 시간은 너무 적습니다. 특히 민사 법과 형사법에 시간과 노력을 투입하고 나면 공법, 그 중에서도 행정법에 투자할 여유가 없어서 시험을 망치는 경우가 많습니다. 그러나 명심하실 것은 행정법은 다른 과목에 비해 적은 시간을 투자하고서도 손쉽게 정리할 수 있다는 것입니다. 본서의 저자들은 모두 사법시험이나 변호사시험을 통과한 자들로서, 행정법 역과 관련한 다양 한 실무경험을 보유하고 있습니다. 저자들은 기획단계에서부터, 최소시간으로 최대의 효과를 낳 는 가장 실전적인 교재를 구상하습니다.
본서의 특징은 다음과 같습니다. 첫째, 행정법은 단행 법률이 존재하지 않고 여러 가지 법률이 결합되어 있는 학문입니다. 이러한 점을 감안하여 테마 위주로 편제를 하여 테마별로 학설, 판례, 검토를 정리하였습니다. 서술된 양 역시 시험에 쓸 수 있는 정도로 컴팩트하게 요약하였습니다. 둘째, 변호사시험에서 기출 된 영역에 대해서는 철저하게 기출표시를 하였습니다. 교재출간의 마감시간을 지키기 위해 비록 법학전문대학원협의회의 모의고사 문제까지 기출표시를 일일이 하지 못하였으나, 실 제 교재 서술시에는 법전협의 모의시험 기출영역을 철저히 반영하였습니다. 변호사시험뿐만 아니라 5 급공채(행정고시), 사법시험, 노무사시험 등의 기출부분도 세밀히 분석하여 선별 정리하였습니다. 셋째, 실제 변호사시험에서는 미기출 영역이 약 50%정도 출제됩니다. 그런데, 그 중의 반은 최신판례 입니다. 본서는 2020.3.25.기준으로 최신판례를 철저히 반영하였고 변호사시험에서는 아직 출제되 지 않았으나 다른 국가직 시험에서 중요하게 평가하는 판례들도 선별하여 수록하였습니다. 넷째, 주관식으로 출제 가능한 판례는 법리뿐만 아니라 사실관계까지도 수록하여 사례문제와 기록형 문제에도 대비할 수 있게 하였습니다.
본서가 마무리되어 가는 과정에는 많은 분들의 도움이 있었습니다. 도서출판 네오고시뱅크의 이 종배선생님과 방현호선생님은 바쁘신 와중에도 변호사시험의 기출파악, 최신판례의 정리, 서술의 정오 등에 대해 끝없는 검토와 의견을 주셨습니다. 세련되고 꼼꼼한 편집을 해주신 김동화님과 전체 출판과정을 상세히 기획해 준 홍민교팀장님, 책의 완성과 퀄리티에 대해 지속적으로 독려해 준 김백선 실장님께 서문을 빌어 감사인사를 드립니다.
본서로 공부하는 모든 수험생분들이 합격의 기쁨을 만끽할 수 있기를 기원합니다.

1편 행정법 통론
2편 행정작용법
3편 행정절차, 정보공개
4편 의무이행확보수단
5편 행정상 손해전보
6편 행정쟁송
7편 행정법 각론

1편 행정법 통론
제1장 행정법의 의의··································································································································· 3
제1절 행정과 행정법 ····························································································································· 3
제2절 공법관계와 사법관계의 구별 ······································································································· 3
제3절 법치행정의 원리 ························································································································· 8
제2장 행정법의 법원·································································································································· 11
제1절 행정법의 법원의 개념 ················································································································· 11
제2절 행정법의 법원의 종류 ················································································································ 11
제3장 행정법상 일반원칙·························································································································· 13
제1절 비례원칙···································································································································· 13
제2절 신뢰보호의 원칙························································································································ 15
제3절 신의성실의 원칙 ······················································································································ 22
제4절 평등의 원칙 ···························································································································· 22
제5절 자기구속의 원칙 ······················································································································· 24
제6절 부당결부금지의 원칙················································································································· 26
제4장 행정상
법률관계····························································································································· 32
제1절 행정상의 법률관계 ····················································································································· 32
제2절 행정상의 법률관계의 당사자 ····································································································· 33
제3절 공무수탁사인···························································································································· 34
제4절 특별권력관계···························································································································· 37
제5절 개인적 공권과 그 확대화·········································································································· 39
제6절 행정개입청구권 ·························································································································· 41
제7절 무하자재량행사청구권 ··············································································································· 44
제8절 사인의 공법행위······················································································································· 46
제9절 사인의 공법행위로서의 신고 ····································································································· 48

2편 행정작용법
제1장 행정입법··········································································································································· 58
제1절 법규명령 ·································································································································· 58
제2절 행정규칙 ································································································································· 63
제3절 법규명령형식의 행정규칙 ·········································································································· 65
제4절 행정규칙형식의 법규명령 ······················
···················································································· 67
제2장 행정행위·········································································································································· 70
제1절 행정행위··································································································································· 70
제2절 일반처분 ···································································································································· 71
제3절 기속행위와 재량행위 ··············································································································· 74
제4절 재량행위의 한계와 통제 ············································································································ 79
제5절 판단여지 ·································································································································· 81
제6절 복효적 행정행위 ······················································································································ 82
제7절 하 명········································································································································ 84
제8절 허 가······································································································································· 86
제9절 특 허········································································································································ 91
제10절 인 가 ······································································································································ 95
제11절 준법률행위적 행정행위 ············································································································· 98
제12절 부 관····································································································································· 102
제13절 부관에 대
한 행정쟁송············································································································ 106
제14절 구성요건적 효력과 선결문제··································································································· 110
제15절 행정행위의 존속력 ·················································································································· 114
제16절 행정행위의 하자····················································································································· 115
제17절 무효와 취소의 구별 ················································································································ 118
제18절 위헌법률에 근거한 행정처분 ··································································································· 122
제19절 하자있는 행정행위의 치유 ······································································································ 126
제20절 하자있는 행정행위의 전환 ····································································································· 128
제21절 행정행위의 하자의 승계 ········································································································· 129
제22절 행정행위의 직권취소············································································································· 135
제23절 행정행위의 철회 ···················································································································· 139
제24절 행정행위의 실효 ···················································································································· 142
제3장 그 밖의 행정의 주요행위형식····································································································· 144
제1절 행정계획·································································································································· 144
제2절 단계적 행정결정··············································································································
········ 147
제3절 확 약 ···································································································································· 150
제4절 행정의 자동결정 ······················································································································ 153
제5절 사실행위································································································································· 154
제6절 행정지도 ································································································································· 155
제7절 공법상 계약···························································································································· 159

3편 행정절차, 정보공개
제1장 행정절차········································································································································· 164
제1절 행정절차법상 처분절차 ············································································································· 164
제2절 처분의 사전통지······················································································································ 169
제3절 처분의 이유제시 ······················································································································ 173
제4절 청 문 ······································································································································ 174
제5절 행정절차의 하자 ······················································································································ 176
제6절 인·허가 의제제도 ··················································································································· 181
제2장 정보공개········································································································································· 186
제1절 정보공개청구권········································································
················································ 186

4편 의무이행확보수단
제1장 행정강제········································································································································· 202
제1절 대집행····································································································································· 202
제2절 이행강제금(집행벌) ·················································································································· 210
제3절 행정상 직접강제 ······················································································································ 213
제4절 강제징수································································································································· 216
제5절 행정상 즉시강제 ······················································································································ 218
제6절 행정조사 ································································································································· 223
제2장 행정벌············································································································································ 230
제1절 행정벌····································································································································· 230
제3장 새로운 의무이행확보수단············································································································ 236
제1절 과징금····································································································································· 236
제2절 명단 공표······························································································································· 237
제3절 관허사업의 제한 ····················································································································· 239
제4절 공급 거부 ·························
······································································································ 241

5편 행정상 손해전보
제1장 국가배상········································································································································· 244
제1절 국가배상청구권의 법적성격 ······································································································ 244
제2절 공무원의 직무상 불법행위로 인한 국가배상············································································ 244
제3절 입법작용 및 사법작용 등으로 인한 국가배상 ·········································································· 255
제4절 국가배상책임의 본질과 공무원의 배상책임·············································································· 258
제5절 국가배상청구권의 제한(이중배상금지) ······················································································ 262
제6절 자동차손해배상보장법과 국가배상법과의 관계 ········································································· 266
제7절 영조물의 설치·관리의 하자로 인한 배상책임 ········································································· 268
제8절 국가배상법상 배상책임자········································································································· 273
제2장 손실보상········································································································································· 277
제1절 행정상 손실보상 ······················································································································ 277
제2절 손실보상의 내용······················································································································ 281
제3절 행정상 손해전보제도의 보완 ··································································································· 289
제4절 공법상 결과제거청구권 ··········································································································· 292
제5절 공법상 부당이득반환청구권 ··········································································
··························· 295

6편 행정쟁송
제1장 개 관··············································································································································· 298
제1절 행정상 권리구제제도 개관 ······································································································· 298
제2절 행정쟁송 개관························································································································· 299
제2장 행정심판········································································································································· 301
제1절 이의신청과 행정심판의 구별 ···································································································· 301
제2절 행정심판법상 행정심판의 종류 ································································································ 303
제3절 행정심판 청구의 적법요건 ······································································································ 305
제4절 행정심판의 가구제 ·················································································································· 308
제5절 재 결 ······································································································································ 310
제6절 직접처분과 간접강제 ·············································································································· 316
제6절 고지제도 ································································································································· 318
제3장 행정소송········································································································································ 322
제1절 행정소송 개관 ························································································································· 322
제2절 행정소송의 한계·······································································································
·············· 323
제3절 통치행위································································································································· 325
제4절 의무이행소송과 예방적금지소송 ······························································································ 329
제5절 취소소송 소송요건 개관 ·········································································································· 330
제6절 취소소송의 대상적격··············································································································· 331
제7절 재 결······································································································································ 350
제8절 변경재결 및 변경처분 ············································································································· 354
제9절 원고적격 ································································································································· 355
제10절 협의의 소의 이익·················································································································· 368
제11절 피고적격 ································································································································ 380
제12절 취소소송의 제소기간············································································································· 384
제13절 전심절차(행정심판전치주의) ··································································································· 392
제14절 관할법원······························································································································· 395
제15절 관련청구소송의 이송·병합 ··································································································· 398
제16절 소송참가······························································································································· 400
제17절 소의 변경 ·································
····························································································· 403
제18절 행정소송상 가구제················································································································ 406
제19절 취소소송의 심리···················································································································· 414
제20절 처분사유의 추가·변경········································································································· 419
제21절 사정판결································································································································ 423
제22절 일부취소의 가능성 ··············································································································· 427
제23절 판결의 효력 ·························································································································· 429
제24절 취소판결의 기속력 ················································································································ 434
제25절 행정소송법상의 간접강제 ······································································································ 438
제26절 무효등확인소송 ····················································································································· 440
제27절 부작위위법확인소송 ··············································································································· 444
제28절 당사자소송 ···························································································································· 448

7편 행정법 각론
제1장 행정조직법 ··································································································································· 456
제1절 행정기관································································································································· 456
제2절 행정청의 권한····························································
····························································· 457
제3절 행정기관 상호간의 관계 ·········································································································· 462
제2장 지방자치법 ··································································································································· 464
제1절 지방자치법 총론 ······················································································································ 464
제2절 지방자치단체의 조직··············································································································· 470
제3절 지방자치단체의 사무 ··············································································································· 472
제4절 조 례 ······································································································································ 474
제5절 규 칙 ······································································································································ 483
제6절 국가의 통제 및 관여 ············································································································· 484
제3장 공무원법········································································································································ 490
제1절 공무원법 서설 ························································································································· 490
제2절 공무원관계의 변동·················································································································· 490
제3절 불이익처분에 대한 구제 ·········································································································· 497
제4절 공무원의 권리와 의무 ············································································································ 500
제5절 공무원의 책임 ·······················································································
································· 504
제4장 경찰행정법···································································································································· 506
제1절 경찰권발동의 근거 ·················································································································· 506
제2절 경찰권발동의 한계·················································································································· 507
제3절 경찰책임의 원칙 ····················································································································· 508
제4절 제3자의 경찰책임 ···················································································································· 511
제5장 급부행정법····································································································································· 513
제1절 공물법····································································································································· 513
제2절 영조물법 ································································································································· 527
제3절 공기업법································································································································· 527
제4절 자금지원································································································································· 529
제6장 공용부담법 ··································································································································· 531
제1절 공용부담법 총설 ······················································································································ 531
제2절 인적 공용부담························································································································· 531
제3절 물적 공용부담 ···································································
······················································ 532
제4절 공용환권································································································································· 549
제7장 개발행정법····································································································································· 560
제1절 도시계획법 서설 ······················································································································ 560
제2절 개발행위허가제 ······················································································································· 560
제3절 토지거래허가제······················································································································· 562
제4절 부동산가격공시제···················································································································· 563
제8장 환경행정법···································································································································· 566
제1절 환경영향평가··························································································································· 566
제9장 조세법············································································································································ 570
제1절 조세의 개념 및 부과··············································································································· 570
제2절 조세부과에 대한 권리구제 ······································································································ 571