제1편 행정법 통론
01 행정 및 행정법 2
제1절 행정의 의의 6
Ⅰ. 행정관념의 성립 ······································································································ 6
Ⅱ. 행정의 개념 ············································································································· 6
Ⅲ. 통치행위 ·················································································································· 9
제2절 행정법의 의의 12
Ⅰ. 행정법의 의의 ······································································································· 12
Ⅱ. 법치행정의 원리 ···································································································· 13
Ⅲ. 행정법의 법원 ······································································································· 18
Ⅳ. 행정법의 효력 ······································································································· 22
02 행정법의 일반원칙과 법률관계 28
제1절 행정법의 일반원칙 28
Ⅰ. 비례의 원칙(과잉금지의 원칙) ·············································································· 31
Ⅱ. 신뢰보호의 원칙 ···································································································· 34
Ⅲ. 자기구속의 원칙 ···································································································· 43
Ⅳ. 부당결부금지의 원칙 ····························································································· 46
Ⅴ. 평등의 원칙 ··········································································································· 48
Ⅵ. 기타 일반 원칙 ····································································································· 51
제2절 행정상 법률관계 52
Ⅰ. 공법관계와 사법관계 ····························································································· 58
Ⅱ. 행정상 법률관계 ···································································································· 64
Ⅲ. 행정법관계의 특질 ································································································ 64
Ⅳ. 행정법관계의 당사자 ····························································································· 65
Ⅴ. 공권과 공의무 관계(행정법관계의 내용) ······························································ 67
Ⅵ. 무하자재량행사청구권과 행정개입청구권 ····························································· 75
Ⅶ. 특별권력관계 ········································································································· 76
Ⅷ. 행정법 흠결의 보완(행정법관계에 대한 사법규정의 적용) ·································· 80
제3절 행정법상의 법률요건과 법률사실 81
Ⅰ. 의의 및 종류 ········································································································· 86
Ⅱ. 공법상의 사건 ····································································································· 86
Ⅲ. 공법상의 사무관리와 부당이득 ············································································· 87
Ⅳ. 사인의 공법행위 ···································································································· 87
Ⅴ. 신고 ······················································································································· 88
Ⅵ. 신청 ······················································································································· 96
제2편 행정작용법
01 행정입법 98
제1절 행정입법 일반론 103
Ⅰ. 행정입법의 의의 ·································································································· 103
Ⅱ. 행정입법의 필요성과 문제점 ·············································································· 103
제2절 법규명령 103
Ⅰ. 법규명령의 의의와 종류 ····················································································· 103
Ⅱ. 법규명령의 근거와 요건 ····················································································· 103
Ⅲ. 법규명령의 한계와 하자 ····················································································· 105
Ⅳ. 법규명령의 통제와 소멸 ····················································································· 108
제3절 행정규칙 110
Ⅰ. 행정규칙의 의의와 종류 ····················································································· 110
Ⅱ. 행정규칙의 성질 ·································································································· 110
Ⅲ. 법령보충적 행정규칙(행정규칙형식의 법규명령) ················································ 110
Ⅳ. 법규명령형식의 행정규칙 ···················································································· 114
Ⅴ. 행정규칙의 근거와 요건 ····················································································· 118
Ⅵ. 행정규칙의 한계와 하자 ····················································································· 118
Ⅶ. 행정규칙의 통제와 소멸 ····················································································· 119
02 행정행위 120
제1절 행정행위의 의의 및 종류 120
Ⅰ. 행정행위의 의의 ·································································································· 120
Ⅱ. 행정행위의 개념요소 ··························································································· 120
Ⅲ. 행정행위의 종류 ·································································································· 121
Ⅳ. 제3자효적 행정행위 ···························································································· 121
Ⅴ. 기속행위와 재량행위 ··························································································· 122
Ⅵ. 불확정개념과 판단여지 ······················································································· 129
제2절 행정행위의 내용 130
제1항 법률행위적 행정행위 137
Ⅰ. 명령적 행위 : 하명, 허가, 면제 ········································································ 137
Ⅱ. 형성적 행위 : 특허, 대리, 인가 ········································································ 143
제2항 준법률행위적 행정행위 147
Ⅰ. 의의 ····················································································································· 147
Ⅱ. 확인 ····················································································································· 147
Ⅲ. 공증 ····················································································································· 149
Ⅳ. 통지 ····················································································································· 149
Ⅴ. 수리 ····················································································································· 149
제3절 행정행위의 부관 150
Ⅰ. 부관의 의의 ········································································································· 155
Ⅱ. 부관의 기능과 특성 ···························································································· 155
Ⅲ. 부관의 종류 ········································································································· 155
Ⅳ. 부관의 가능성과 한계 ························································································· 159
Ⅴ. 부관의 하자와 행정행위의 효력 ········································································· 161
Ⅵ. 하자 있는 부관과 행정쟁송 ················································································ 161
Ⅶ. 부관과 이를 기초로 한 후속조치 ······································································· 166
제4절 행정행위의 요건과 효력 168
Ⅰ. 행정행위의 성립요건과 효력발생요건 ································································ 183
Ⅱ. 행정법령의 적용문제 ··························································································· 185
Ⅲ. 행정행위의 효력 ·································································································· 185
Ⅳ. 행정행위의 결효(缺效) ························································································ 190
Ⅴ. 행정행위의 하자치유·전환 ················································································ 196
Ⅵ. 행정행위의 하자승계 ··························································································· 197
Ⅶ. 행정행위의 폐지(廢止) ························································································ 201
1. 행정행위의 취소 / 201 2. 행정행위의 철회 / 205
3. 행정행위의 실효 / 209
제5절 그 밖의 행정의 행위형식 210
Ⅰ. 행정상의 확약 ····································································································· 218
Ⅱ. 가행정행위·예비결정·부분허가 ······································································· 220
Ⅲ. 행정계획 ·············································································································· 221
Ⅳ. 공법상 계약 ········································································································· 229
Ⅴ. 공법상 합동행위 및 행정상의 사실행위 ····························································· 233
Ⅵ. 행정지도 ·············································································································· 235
Ⅶ. 기타 행정작용 ····································································································· 237
제3편 행정절차·행정정보공개·개인정보보호
01 행정절차 240
제1절 행정절차 일반론 249
Ⅰ. 행정절차의 의의 ·································································································· 249
Ⅱ. 행정절차의 법적 근거 ························································································· 250
Ⅲ. 행정절차법의 특징 ······························································································ 251
제2절 행정절차법의 주요 내용 252
Ⅰ. 행정절차법의 통칙(通則)규정 ·············································································· 252
Ⅱ. 행정처분절차 ······································································································· 254
Ⅲ. 의견청취절차(의견제출, 청문, 공청회) ······························································· 259
Ⅳ. 신고 ····················································································································· 263
Ⅴ. 행정상 입법예고, 행정예고 ················································································ 263
Ⅵ. 행정지도 ·············································································································· 264
Ⅶ. 기타 ····················································································································· 264
제3절 행정절차의 하자 265
Ⅰ. 절차하자의 독자성 여부 ····················································································· 265
Ⅱ. 절차상 하자 있는 행정행위의 효력 ···································································· 265
Ⅲ. 절차하자의 치유 ·································································································· 267
Ⅳ. 절차하자와 취소판결의 기속력 ··········································································· 268
Ⅴ. 절차하자와 국가배상 ··························································································· 268
02 행정정보공개·개인정보보호 269
제1절 행정정보공개제도 277
Ⅰ. 의의 ····················································································································· 277
Ⅱ. 정보공개의 법적근거 ··························································································· 277
Ⅲ. ｢공공기관의 정보공개에 관한 법률｣의 주요 내용 ············································· 278
제2절 개인정보보호제도 293
Ⅰ. 의의 ····················································································································· 293
Ⅱ. 법적근거 ·············································································································· 293
Ⅲ. 개인정보 보호법의 주요내용 ·············································································· 295
제4편 행정의 실효성 확보수단
01 행정상의 강제집행 300
제1절 행정상 강제집행 308
제2절 대집행(代執行) 308
제3절 이행강제금(집행벌) 313
제4절 직접강제 318
제5절 행정상 강제징수 318
02 행정상 즉시강제와 행정조사 322
제1절 행정상 즉시강제 323
제2절 행정조사 327
03 행정벌 333
제1절 행정벌의 의의 338
제2절 행정형벌 339
제3절 행정질서벌 343
04 새로운 의무이행확보수단 350
제1절 새로운 의무이행확보수단의 등장 350
제2절 금전상의 제재 350
Ⅰ. 과징금 ················································································································· 350
Ⅱ. 부과금 ················································································································· 352
Ⅲ. 가산세 ················································································································· 352
Ⅳ. 가산금‧중가산금 ··································································································· 354
제3절 비금전적 제재 355
Ⅰ. 명단공표 ·············································································································· 355
Ⅱ. 공급거부 ·············································································································· 356
Ⅲ. 관허사업의 제한 ·································································································· 356
Ⅳ. 기타 ····················································································································· 356
제5편 행정구제법
01 행정구제 일반론 358
제1절 행정구제의 의의와 종류 358
제2절 행정상 손해전보 358
제3절 행정쟁송 358
제4절 기타의 권리구제제도 358
Ⅰ. 청원 ····················································································································· 358
Ⅱ. 옴부즈만제도 ······································································································· 358
Ⅲ. 민원처리제도 등 ·································································································· 358
02 행정상 손해전보 361
제1절 행정상 손해배상제도 373
Ⅰ. 행정상 손해배상제도의 의의 ·············································································· 373
Ⅱ. 손해배상제도의 법적근거 ···················································································· 373
Ⅲ. 공무원의 위법한 직무행위로 인한 손해배상 ······················································ 373
Ⅳ. 영조물의 설치관리상의 하자로 인한 손해배상 ·················································· 386
Ⅴ. 행정상 손해배상의 청구 ····················································································· 391
제2절 행정상 손실보상 392
Ⅰ. 행정상 손실보상의 의의 ····················································································· 392
Ⅱ. 행정상 손실보상청구권의 성질 ··········································································· 393
Ⅲ. 행정상 손실보상의 근거 ····················································································· 394
Ⅳ. 행정상 손실보상의 요건 ····················································································· 394
Ⅴ. 경계이론과 분리이론 ··························································································· 396
Ⅵ. 행정상 손실보상의 기준과 내용 ········································································· 399
Ⅶ. 행정상 손실보상의 방법 ····················································································· 404
Ⅷ. 행정상 손실보상의 절차와 불복 ········································································· 406
Ⅸ. 행정상 손해전보제도의 흠결보완 ······································································· 409
03 행정심판 411
제1절 행정심판의 의의 416
제2절 행정심판의 종류 416
제3절 행정심판의 대상 418
제4절 행정심판의 당사자 등 418
제5절 행정심판위원회 419
제6절 행정심판의 청구 422
제7절 행정심판의 심리 428
제8절 행정심판의 재결 430
제9절 행정심판의 고지 438
04 행정소송 440
제1절 행정소송 일반론 440
제2절 취소소송 442
Ⅰ. 취소소송의 의의 ·································································································· 464
Ⅱ. 재판관할 ·············································································································· 464
Ⅲ. 당사자 및 참가인 ································································································ 466
1. 당사자능력 / 466 2. 원고적격 / 466
3. 협의의 소익(권리보호의 필요) / 473 4. 피고 / 476
5. 공동소송인, 소송참가, 소송대리인 / 479
Ⅳ. 소의 대상 ············································································································ 480
1. 대상적격 일반론 / 480 2. 처분 / 480
3. 재결 489
Ⅴ. 소의 제기 ············································································································ 492
1. 소송요건 / 492 2. 소의 변경 / 497
3. 처분사유의 추가‧변경 / 499
Ⅵ. 가구제 ················································································································· 502
Ⅶ. 소송의 심리 ········································································································· 506
Ⅷ. 소송의 판결 등 ··································································································· 508
1. 판결의 의의 / 508 2. 위법판단의 기준시점 / 508
3. 판결의 종류 / 508 4. 판결의 효력 / 510
5. 소송의 종결 / 517 6. 상소 및 재심청구 / 517
제3절 무효등확인소송‧부작위위법확인소송 519
Ⅰ. 무효 등 확인소송 ································································································ 523
Ⅱ. 부작위위법확인소송 ····························································································· 525
제4절 당사자소송‧민중소송‧기관소송‧헌법소송 530
Ⅰ. 당사자소송 ·········································································································· 532
Ⅱ. 민중소송 ·············································································································· 538
Ⅲ. 기관소송 ·············································································································· 540
Ⅳ. 헌법소송 ·············································································································· 540
