합격과 불합격, 성공과 실패사이의 차이는 과연 얼마일까.

그 동안 학생들을 지도해 본 결과를 놓고 보았을 때, 아주 미세한 차이밖에 없다는 사실을 알게 되었고 거기서 다만 문제는 얼마나 집중을 하는가의 차이만이 있을 뿐이었다. 아울러 기회를 놓치지 않는 승부근성이 성패를 좌우한다는 것을 새삼 깨닫게 되었다. 우리는 여기서 “입에 든 떡도 넘겨야 제 것이 된다.”는 속담을 생각하게 된다. 이는 떡을 입에 넣기는 쉬우나 그 떡을 넘겨서 소화를 시킬 수 있어야 비로소 내 것이 된다는 것을 뜻한다.

지금 수험생 들이 어려워하는 것은 입에 든 떡을 어떻게 넘겨야 나의살로 만들 수 있을 것인가에 대한 의구심과 효과적으로 넘기는 방법이 무엇인가에 대한 것으로 요약될 수 있다. 본서는 이러한 속담에서 떡을 넘기는 효과적인 방법이 무엇인가에 대한것처럼 어떻게 해야 행정법을 단기간에 효과적으로 나의 것으로 이해하고 소화를 시켜 합격의 영광을 창출할 수 있을 것인가에 대한 비책을 제공하는데 그 목적을 두고 있다.

[머리말]

본서는 저자가 수많은 강의와 오랜 세월 동안 행정법과 늘 함께한 나날들의 결과물이다.

즉, 매우 거창한 내용을 다룬 것이 아니라 학생들을 지도하는 과정 및 연구과정에서 발생하

였던 조그맣고 사사로울 정도로 약소한 내용을 총합한 것에 불과하다. 그런데 행정법이 차지

하는 비중이 최근 들어 증폭되고 있는 실정을 고려한다면 종전과 같은 안이한 대비책으로는

더 이상 합격의 영광을 누릴 수 없게끔 되고 말았다. 이는 반대로 해석하면 그 만큼 수험생

들의 부담이 감당할 수 없을 정도로 가중되었다는 것을 의미한다. 자. 그러면 우리는 어떻게

효율적으로 이에 대비하여 멋지고 역동적인 공직생활에로 진입할 수 있을까 고민이 되지 않

을 수 없다. 필자가 판단컨대, 인생은 때가 있는 것 같다. 그리고 기회도 항상 오는 것이 아

니라 잘 준비된 상태에 있는 자에게 우연히 찾아온다는 것이 진리인 것 같다. 만일 수험생

자신이 자기에게 아직까지 이러한 기회가 오지 않았다고 생각한다면 그것은 미처 철저한 준

비를 하지 않은 것에서 원인을 발견해야 한다. 우리는 여기서 한 가지 짚고 넘어가지 않으면

안 될 사항이 있다. 아무리 어렵고 지루한 과정일 지라도 집중과 몰두를 하지 않는다면 그것

은 허무한 것이며 헛된 것이 될 수밖에 없다는 사실이다. 종종 결과가 좋지 않을 경우 자신

을 탓하기 보다는 주변의 환경과 사회를 원망하는 경우를 보게 된다. 혹 자신이 이렇게 생각

을 하고 있다면 지금이라도 과감히 생각을 전환해야 할 것이다. 합격과 불합격, 성공과 실패

사이의 차이는 과연 얼마일까. 그 동안 학생들을 지도해 본 결과를 놓고 보았을 때, 아주 미

세한 차이밖에 없다는 사실을 알게 되었고 거기서 다만 문제는 얼마나 집중을 하는가의 차이

만이 있을 뿐이었다. 아울러 기회를 놓치지 않는 승부근성이 성패를 좌우한다는 것을 새삼

깨닫게 되었다. 우리는 여기서 “입에 든 떡도 넘겨야 제 것이 된다.”는 속담을 생각하게 된

다. 이는 떡을 입에 넣기는 쉬우나 그 떡을 넘겨서 소화를 시킬 수 있어야 비로소 내 것이

된다는 것을 뜻한다. 지금 수험생 들이 어려워하는 것은 입에 든 떡을 어떻게 넘겨야 나의

살로 만들 수 있을 것인가에 대한 의구심과 효과적으로 넘기는 방법이 무엇인가에 대한 것으

로 요약될 수 있다. 본서는 이러한 속담에서 떡을 넘기는 효과적인 방법이 무엇인가에 대한

것처럼 어떻게 해야 행정법을 단기간에 효과적으로 나의 것으로 이해하고 소화를 시켜 합격

의 영광을 창출할 수 있을 것인가에 대한 비책을 제공하는데 그 목적을 두고 있다. 결론적으

로 말하자면 이 책 한 권이면 그러한 대비책으로 충분하다. 왜냐하면 더 이상 첨가할 내용도

뺄 내용도 없기 때문이다. 수험생 제군들은 종전보다 더욱 힘을 내어 합격을 나의 곁으로 끌

어와야 하고 나아가 성공된 인생, 주도적 인생을 향유하는 신선한 삶을 살아가야만 한다. 지

금 매우 힘든 세월을 보내고 있을 제군들을 생각하면 가슴이 아프지만 반드시 넘어야 할 역

경이라고 본다면 달게 견뎌야 할 것으로 본다.

끝으로, 수험생 제군들은 항상 자신감을 가지기를 바라며 노력의 땀과 피가 합격증서 맞바

꾸게 된다는 점을 한 시라도 잊지 말기 바란다. 아울러 수험생 여러분들의 합격소식이 본인

은 물론 지인 특히 부모님께 하루 속히 전달되기를 간절히 기원하는 바이다.

2018. 4월

승주명산 기슭에서, 이 찬 엽 씀

少年易老 學難成(소년이로 학난성)

소년은 늙기 쉽지만 학문을 이루기는 어려우니

一寸光陰 不可輕(일촌광음 불가경)

매 순간 세월을 헛되이 보내지 말지어다.

未覺池塘 春草夢(미각지당 춘초몽)

연못가의 봄풀이 채 꿈도 깨기 전에

階前梧葉 已秋聲(계전오엽 이추성)

계단 앞 오동나무 잎이 가을을 알리는 구나.

-주자(朱子)의 <朱文公文集> ‘勸學文’- 

01 행정법 총론

01 제1편

행정법 통칙

LECTURE 01 행정과 행정법의 의의 ····························································· 14

LECTURE 02 법치행정의 원리 ······································································ 24

LECTURE 03 통치행위(統治行爲) ·································································· 32

LECTURE 04 행정법의 제 원칙 ···································································· 38

LECTURE 05 행정의 유형(분류) ···································································· 59

LECTURE 06 행정법의 의의 ·········································································· 60

LECTURE 07 행정법관계의 당사자(행정청, 행정기관, 행정주체) ················· 82

LECTURE 08 개인적 공권과 반사적 이익 ···················································· 91

LECTURE 09 무하자재량행사청구권과 행정개입청구권 ······························ 100

LECTURE 10 특별권력관계：특별신분관계 ················································· 102

LECTURE 11 행정법관계에 대하여 사법규정적용 ······································ 105

LECTURE 12 행정법상 법률요건과 법률사실 ············································· 107

LECTURE 12-1 시간의 경과 등 ································································· 108

LECTURE 13 공법상 사무관리와 부당이득 ················································· 111

LECTURE 14 사인의 공법행위 ···································································· 112

02 제2편

행정작용법(行政作用法)

LECTURE 01 행정입법(법규명령과 행정규칙 등) ······································· 154

LECTURE 02 행정행위 ················································································ 173

LECTURE 03 재량행위와 기속행위 ····························································· 188

LECTURE 04 행정행위의 구성 및 내용 ······················································ 201

LECTURE 05 행정행위의 부관 ···································································· 229

LECTURE 06 행정행위의 성립요건 및 효력요건 등 ·································· 243

LECTURE 07 행정행위의 하자치유 및 전환 ··············································· 269

LECTURE 08 행정법상 확약(行政法上 確約) ·············································· 293

LECTURE 09 행정의 자동화 결정 ······························································· 300

LECTURE 10 비권력적 행정작용 ································································· 301

03 제3편

행정절차 및 행정공개

LECTURE 01 행정정보공개제도 ·································································· 368

LECTURE 02 개인정보보호제도 ·································································· 380

04 제4편

행정상 실효성 확보수단

LECTURE 01 서설 ······················································································· 428

LECTURE 02 대집행(代執行)：행정대집행법을 근거로 함 ························· 432

LECTURE 03 집행벌(執行罰)：이행강제금(履行强制金) ····························· 440

LECTURE 04 직접강제(直接强制) ································································ 443

LECTURE 05 행정상 강제징수(行政上 强制徵收) ······································ 445

LECTURE 06 행정상 즉시강제(行政上 卽時强制) ······································ 449

LECTURE 07 행정조사(行政調査) ································································ 453

LECTURE 08 행정벌(行政罰) ······································································· 457

LECTURE 09 새로운 의무이행확보수단 ······················································ 470

05 제5편

행정구제(行政救濟)

LECTURE 01 서설 ······················································································· 500

LECTURE 02 한국의 행정절차법(行政節次法) ············································ 512

LECTURE 03 행정상 손해배상(損害賠償) ··················································· 534

LECTURE 04 국가배상법 ············································································· 537

LECTURE 05 행정상 손실보상 ···································································· 567

LECTURE 06 그 밖의 손실보상관련이론 및 제도 ······································ 593

LECTURE 07 행정쟁송제도(개설) ································································ 606

LECTURE 08 행정심판제도 ········································································· 612

LECTURE 09 행정소송제도 ········································································· 660

LECTURE 10 무효등확인소송(無效等確認訴訟) ·········································· 771

LECTURE 11 부작위위법확인소송(不作爲違法確認訴訟) ···························· 789

LECTURE 12 당사자소송(當事者訴訟) ························································· 796

LECTURE 13 객관적 소송(客觀的 訴訟) ····················································· 801

LECTURE 14 헌법소송제도 ········································································· 804

02 행정법 각론

06 제6편

행정조직법(일반)

PART 06 행정조직법(일반) ··········································································· 854

07 제7편

공무원법

PART 07 공무원법 ······················································································· 872

08 제8편

특별행정작용법(일반)

PART 08 특별행정작용법(일반) ···································································· 924

09 제9편

급부행정법(일반)

PART 09 급부행정법(일반) ··········································································· 938

10 제10편

사회보장행정

PART 10 사회보장행정 ················································································ 950

11 제11편

규제행정법

PART 11 규제행정법 ···················································································· 956

12 제12편

재무행정법(요약)

PART 12 재무행정법(요약) ··········································································· 970

13 제13편

군사행정법

PART 13 군사행정법 ···················································································· 976