장바구니 담기 close

장바구니에 상품을 담았습니다.

장바구니로 계속쇼핑하기
피데스 행정법총론 (개정2판)
미리보기

피데스 행정법총론 (개정2판)

  • 이영화
  • |
  • 고시동네
  • |
  • 2025-07-01 출간
  • |
  • 1032페이지
  • |
  • 190 X 260mm
  • |
  • ISBN 9791168182226
판매가

48,000원

즉시할인가

43,200 원

배송비

무료배송

(제주/도서산간 배송 추가비용:3,000원)

상품을 선택해주세요
스프링제본 선택
스프링제본 선택 4권 6,000원 스프링제본 선택안함 0원
추가상품
상품선택
독서대 7,900원 독서대 선택안함 0원
수량
+ -
총주문금액
43,200원
장바구니 구매하기

※ 스프링제본 상품은 반품/교환/환불이 불가능하므로 신중하게 선택하여 주시기 바랍니다.

북스크린영상으로 만나보는 한 권의 책 이야기

출판사서평

 

1. 비법학도인 대부분의 수험생들을 위해 행정법의 전체적인 흐름을 쉽고 일목요연하게 파악할 수 있도록 각종 그림 자료를 되도록 많이 수록하였고 각 단원의 도입부에 tree note를 제시하여 상호 유기적인 연관성을 유지할 수 있도록 관련 페이지를 직접 표시하였습니다.

 

2. 교재의 초반부에서는 후반부에 등장할 주요 개념이나 이론, 비교 개념 등의 관련 페이지를 표시하였고, 교재의 후반부에서는 전반부에 등장했던 관련 사항의 페이지를 표시함으로써 헷갈리는 요소들을 바로 바로 확인하며 예습과 복습의 효과를 배가시킬 수 있도록 하였습니다.

 

3. 수험생들이 한정된 시간에 효율적으로 판례를 정리할 수 있도록 판례의 중요도나 난이도, 시사성과 기출 여부 등을 종합적으로 검토하여 중요도에 따라 특A급, A급, B급, C급으로 분류하여 판례별로 강・약을 조절해서 학습할 수 있도록 구성하였습니다.

 

4. 모든 판례를 한두 줄로 요약하여 판례에 대한 핵심적인 결론을 제시하였고, 그 중에서 비교되는 판례는 다시 도표화 하여 수험생들이 학습하면서 일목요연하게 파악할 수 있도록 정리하였습니다.

 

5. 판례의 출제 비중이 높아지고 최근 판례도 빈번하게 출제되는 최근의 출제 경향에 맞추어 2025년 5월까지 나온 최신 판례들을 완벽하게 수록하였습니다.

또한, 최근 개정법령과 최신 기출문제를 수록하였습니다.

 

▶ 동영상 강의 : www.wowedu.co.kr / www.gosimax.com

목차

제1편 행정법 서론(법치행정)

CHAPTER 1 행 정
1 행정기본법의 제정 ············································· 2
1. 행정기본법의 제정 ································ 2
2. 행정기본법의 주요 내용 ························ 2
2 행정의 의의 ······················································ 4
1. 개 설 ·················································· 4
2. 행정과 다른 국가작용과의 구별 ·············· 5
3 통치행위 ··························································· 6
1. 개 설 ··················································· 6
2. 외국의 사례 ·········································· 6
3. 통치행위의 인정여부 및 근거 ·················· 7
4. 우리나라에서의 통치행위 ························ 7
4 행정의 분류 ······················································ 12
CHAPTER 2 행정법
1 행정법의 의의 ··················································· 13
1. 개 설 ···················································· 13
2. 행정법의 개념적 요소 ····························· 13
2 행정법의 성립과 발달 ········································ 14
1. 행정법의 성립 ········································ 14
2. 행정법의 발달 ········································ 14
3 행정법의 특수성 ················································ 17
1. 개 설 ···················································· 17
2. 규정형식의 특수성 ·································· 17
3. 규정성질의 특수성 ·································· 17
4. 규정내용의 특수성 ·································· 18
4 법치행정의 원리 ················································ 20
1. 의 의 ···················································· 20
2. 법치행정의 구체적 내용 ·························· 20
3. 형식적 법치주의 ····································· 22
4. 실질적 법치주의 ····································· 22
5 행정법의 법원(法源) ··········································· 29
1. 개 설 ····················································· 29
2. 성문법원 ················································ 30
3. 불문법원 ················································ 34
6 행정법의 일반원칙 ·············································· 38
1. 개 설 ····················································· 38
2. 비례의 원칙(과잉금지의 원칙) ··················· 39
3. 신뢰보호의 원칙 ······································ 48
4. 평등의 원칙 ············································ 70
5. 행정의 자기구속의 법리 ··························· 75
6. 부당결부금지의 원칙 ································ 79
7 행정법의 효력 ···················································· 83
1. 시간적 효력 ············································ 83
2. 지역적 효력 ············································ 92
3. 대인적 효력 ············································ 92
CHAPTER 3 행정상 법률관계
1 행정상 법률관계의 의의 ······································ 94
1. 개 설 ····················································· 94
2. 공법과 사법 ············································ 94
2 행정상 법률관계의 종류 ····································· 96
1. 개 설 ····················································· 96
2. 행정조직법관계 ······································· 96
3. 행정작용법관계 ······································· 97
3 행정상 법률관계의 당사자 ··································· 106
1. 행정주체 ················································ 106
2. 행정객체 ················································ 110
4 행정상 법률관계의 특질 ······································ 110
1. 행정의사의 공정력 ·································· 110
2. 행정의사의 구성요건적 효력 ···················· 110
3. 행위의사의 존속력 ·································· 111
4. 행정의사의 강제력 ·································· 111
5. 권리의무의 특수성 ·································· 111
6. 권리구제수단의 특수성 ···························· 111
5 행정상 법률관계의 내용 ····································· 112
1. 공권과 공의무 ········································· 112
2. 개인적 공권(공권과 반사적 이익) ··············· 117
3. 공권의 확대화 경향 ·································· 119
4. 무하자재량행사청구권 ······························· 140
5. 행정개입청구권 ········································ 143
6 행정법관계에 대한 사법규정의 적용 ····················· 146
1. 개 설 ······················································ 146
2. 사법규정의 적용 ······································· 146
3. 사법규정의 유추적용의 한계 ······················ 146
4. 공법규정의 유추적용 ································· 147
7 특별권력관계(특별행정법관계) ······························ 148
1. 전통적 특별권력관계이론 ··························· 148
2. 인정여부에 관한 학설 ································ 149
3. 특별권력관계의 성립과 소멸 ······················· 150
4. 특별권력관계의 종류 ·································· 150
5. 특별권력관계에서의 내용 및 그 한계 ··········· 150
6. 현대의 특별행정법관계와 법치주의 ······ 151
CHAPTER 4 행정법상 법률요건과 법률사실
1 의의 및 종류 ····················································· 156
1. 의 의 ··············································· 156
2. 법률사실의 종류 ································ 156
2 공법상 사건 ······················································· 157
1. 시간의 경과 ······································ 157
2. 주 소 ··············································· 168
3 공법상 사무관리와 부당이득 ································ 170
1. 공법상 사무관리 ································ 170
2. 공법상 부당이득 ································ 171
4 사인의 공법행위 ················································ 174

제2편 일반행정작용법

CHAPTER 1 행정입법
1 개 설 ······························································· 192
1. 행정입법의 의의 ································ 192
2. 행정입법의 필요성 ····························· 192
3. 행정입법에 따르는 이론적 문제 ··········· 193
2 법규명령 ·························································· 194
1. 개 념 ··············································· 194
2. 종 류 ··············································· 196
3. 근 거 ··············································· 197
4. 한 계 ··············································· 198
5. 성립요건ㆍ효력요건ㆍ하자ㆍ소멸 ········· 207
6. 법규명령에 대한 통제 ························ 210
7. 행정입법부작위 ································· 217
3 행정규칙 ··························································· 221
1. 개 설 ··············································· 221
2. 종 류 ··············································· 221
3. 행정규칙의 법적 성질 ························ 224
4. 행정입법의 규율형식과 내용의 불일치 ·· 226
5. 행정규칙의 근거와 한계 ····················· 237
6. 성립요건ㆍ효력요건ㆍ하자ㆍ소멸 ········· 237
7. 행정규칙의 효력 ································ 238
8. 행정규칙의 통제 ································ 242
CHAPTER 2 행정행위의 종류와 내용
1 행정행위의 개념 ················································ 244
1. 개 설 ··············································· 244

2. 행정행위의 개념적 징표 ····················· 245
3. 행정쟁송법상 처분과의 관계 ·············· 246
2 행정행위의 종류 ················································ 247
3 복효적(複效的) 행정행위 ···································· 254
1. 개 설 ·············································· 254
2. 복효적 행정행위의 실체법상 문제 ······ 255
3. 복효적 행정행위의 절차법상 문제 ······ 255
4. 복효적 행정행위의 쟁송법상 문제 ······ 256
4 기속행위와 재량행위 ········································· 258
1. 개 설 ············································· 258
2. 기속행위와 재량행위의 구별필요성 ··· 259
3. 구별의 기준 ··································· 261
4. 재량권의 한계 ································ 271
5. 재량행위에 대한 통제 ····················· 284
6. 불확정개념과 판단여지 ···················· 286
5 행정행위의 내용 ··············································· 291
1. 법률행위적 행정행위 ······················· 291
2. 준법률행위적 행정행위 ···················· 326
6 행정행위의 부관 ··············································· 337
1. 개 설 ············································ 337
2. 부관의 종류 ··································· 339
3. 부관의 한계 ··································· 345
4. 위법한 부관과 행정행위의 효력 ········ 350
5. 위법한 부관의 행정상 쟁송 ·············· 353
7 행정행위의 적법요건(성립요건과 효력발생요건) ···· 357
CHAPTER 3 행정행위의 효력과 하자
1 행정행위의 효력 ·············································· 363
1. 구속력(내용적 구속력) ····················· 363
2. 公定力············································ 364
3. 構成要件的 效力······························ 366
4. 存續力(確定力) ······························· 373
5. 强制力············································ 378
2 행정행위의 하자(일반론) ··································· 379
1. 개 설 ············································ 379
2. 행정행위의 무효와 취소의 구별 ······· 381
3. 하자의 승계 ··································· 388
4. 하자 있는 행정행위의 치유와 전환 ··· 395
3 행정행위의 무효 ··············································· 402
1. 의 의 ············································ 402
2. 무효원인 ······································· 403
3. 무효의 효과와 무효를 주장하는 방법 ··· 407
4 행정행위의 취소 ··············································· 409
1. 개 설 ············································ 409
2. 취소의 목적과 성질 ························ 412
3. 취소권자 ······································· 412
4. 취소의 대상 ··································· 413
5. 취소권의 근거 ································ 414
6. 취소의 사유 ··································· 414
7. 취소권의 제한(한계) ························ 416
8. 취소의 절차 ··································· 419
9. 취소의 효과 ··································· 419
10. 취소의 취소 ································· 421
5 행정행위의 철회 ··············································· 423
1. 철회의 의의 ··································· 423
2. 철회권의 행사 ································ 423
3. 철회의 효과 ··································· 427
6 행정행위의 실효 ··············································· 429
CHAPTER 4 그 밖의 행정의 주요 행위형식
1 행정상 확약 ······················································ 431
1. 개념 및 대상 ································· 431
2. 법적 성질 ······································ 432
3. 법적 근거와 한계 ··························· 433
4. 확약의 요건 ·································· 433
5. 확약의 효과 ·································· 434
6. 권리구제 ······································· 435
2 행정계획 ························································· 436
1. 개 설 ··········································· 436
2. 행정계획의 종류 ···························· 438
3. 행정계획의 법적 성질 ····················· 439
4. 행정계획의 법적 근거와 절차 ··········· 441
5. 행정계획의 법적 효력 ······················ 442
6. 행정계획에 대한 통제 ······················ 444
7. 계획재량과 형량명령 ························ 445
8. 행정계획과 권리구제 ························ 448
9. 계획보장청구권 ································ 451
3 공법상 계약 ···················································· 456
1. 개 설 ············································ 456
2. 유용성과 법적 근거 ························ 458
3. 인정범위 및 한계 ··························· 458
4. 종 류 ············································ 459
5. 특수성 ·········································· 459
4 공법상 합동행위 ············································· 465
5 행정상 사실행위 ············································· 466
1. 의 의 ············································ 466
2. 사실행위의 종류 ····························· 466
3. 법적 근거와 한계 ···························· 467
4. 사실행위에 대한 권리구제 ················ 467
6 비공식 행정작용 ·············································· 469
7 행정지도 ························································· 470
1. 행정지도의 의의 ···························· 470
2. 행정지도의 유용성과 문제점 ··········· 471
3. 행정지도의 방식과 유형 ················· 471
4. 행정지도의 법적 근거와 한계 ·········· 472
5. 행정지도와 권리구제 ······················ 473
8 행정의 자동화작용 ··········································· 477
1. 의 의 ············································ 477
2. 법적 성질 ······································ 477
3. 행정기본법 제20조 ·························· 477
4. 자동적 처분의 요건 ························· 477
9 행정의 사법적 활용 ·········································· 478
1. 개 설 ············································ 478
2. 행정사법 ········································ 478
CHAPTER 5 행정과정의 법적 규율
1 행정절차 ························································· 480
1. 개 설 ············································ 480
2. 행정절차의 필요성(기능) ·················· 480
3. 행정절차의 발전 ····························· 481
4. 행정절차의 근거 ····························· 482
5. 행정절차법의 통칙규정 ···················· 484
6. 행정절차법의 주요 내용 ··················· 493
7. 행정절차 하자의 효과 등 ·················· 518
2 공공기관의 정보공개에 관한 법률 ······················ 522
3 개인정보 보호법 ·············································· 550

제3편 행정의 실효성확보수단
CHAPTER 1 개 설
개 설 ································································· 580
CHAPTER 2 행정상 강제집행
1 개 설 ····························································· 582
1. 의의 및 구별개념 ··························· 582
2. 행정상 강제집행의 근거 ·················· 583
2 대집행 ···························································· 584
3 이행강제금(집행벌) ··········································· 596
4 직접강제 ························································· 602
5 행정상 강제징수 ·············································· 603
CHAPTER 3 행정상 즉시강제와 행정조사
1 행정상 즉시강제 ·············································· 609
1. 개 설 ············································ 609
2. 법적 성질 ······································ 609
3. 행정상 즉시강제의 근거 ··················· 610
4. 행정상 즉시강제의 수단 ··················· 610
5. 행정상 즉시강제의 한계 ··················· 611
6. 행정상 즉시강제에 대한 구제 ············ 613
2 행정조사 ························································· 615
1. 행정조사의 개념 ····························· 615
2. 행정조사의 기본원칙 ······················· 617
3. 행정조사계획의 수립 및 조사대상의 선정 ·········· 619
4. 행정조사의 방법 ···························· 619
5. 행정조사의 실시 ···························· 622
6. 자율관리체제의 구축 등 ················· 624
7. 행정조사의 점검 및 평가 ················ 625
8. 위법한 행정조사의 효과 ·················· 625
9. 행정조사에 대한 권리구제 ··············· 626
CHAPTER 4 행정벌
1 개 설 ····························································· 627
1. 의의 및 성질 ································· 627
2. 행정벌의 근거 ································ 628
3. 행정벌의 종류 ································ 628
2 행정형벌의 특수성 ··········································· 630
3 행정질서벌의 특수성 ········································ 640
CHAPTER 5 새로운 의무이행확보수단
1 개 설 ····························································· 650
1. 행정환경의 변화 ···························· 650
2. 새로운 의무이행확보수단의 등장 ····· 650
2 금전적인 제재 ·················································· 651
3 비금전적인 제재 ··············································· 660
1. 공급거부 ······································· 660
2. 관허사업의 제한 ····························· 661
3. 결격사유 법정주의 ·························· 662
4. 제재처분의 기준 및 제척기간 ··········· 663
4 행정상 공표 ····················································· 665
1. 의 의 ············································ 665
2. 법적 성질 및 근거 ·························· 665
3. 공표에 대한 권리구제 ····················· 668

제4편 행정구제법
CHAPTER 1 개 설
1. 행정구제제도 개설 ························· 672
2. 청원제도 ······································· 673
3. 국민권익위원회 ······························ 673
CHAPTER 2 행정상 손해배상
1 개 설 ····························································· 674
1. 행정상 손해배상의 의의 ·················· 674
2. 행정상 손실보상과의 관계 ··············· 675
3. 행정상 손해배상의 규범적 구조 ········ 675
2 공무원의 직무상 불법행위로 인한 손해배상책임 ··········· 678
1. 배상책임의 요건 ···························· 678
2. 손해배상책임 ································· 709
3. 배상책임의 내용 ···························· 712
3 영조물의 설치ㆍ관리의 하자로 인한 배상책임 ··············· 724
1. 개 설 ············································ 724
2. 배상책임의 요건 ····························· 724
3. 배상책임 ········································ 736
4 손해배상청구의 절차 ········································ 739
CHAPTER 3 행정상 손실보상
1 개 설 ····························································· 741
1. 개 념 ··········································· 741
2. 행정상 손실보상의 근거 ················· 742
2 손실보상의 요건 ·············································· 744
3 손실보상의 기준과 내용 ···································· 750
1. 손실보상의 기준 ···························· 750
2. 손실보상의 개별적 내용 ················· 754
4 손실보상의 방법과 불복절차 ····························· 766
1. 손실보상의 방법 ···························· 766
2. 공용수용의 절차 ···························· 770
3. 재결에 대한 불복절차 ····················· 776
5 손해전보를 위한 그 밖의 제도 ·························· 778
1. 개 설 ············································ 778
2. 수용유사침해보상 ··························· 778
3. 수용적 침해보상 ····························· 778
4. 비재산적 법익침해에 대한 손실보상 (희생보상) ················ 779
6 결과제거청구권 ··············································· 780
1. 개 설 ············································ 780
2. 성립요건 ······································· 780
3. 내용 및 한계 ································· 781
4. 쟁송절차 ······································· 781
CHAPTER 4 행정심판
1 행정상 쟁송제도 ·············································· 782
2 행정심판제도 ·················································· 784
1. 개 설 ············································ 785
2. 행정심판의 종류 ····························· 788
3. 행정심판의 대상 ····························· 790
4. 당사자와 관계인 ····························· 790
5. 행정심판기관 ································· 794
6. 행정심판의 청구 ····························· 799
7. 행정심판의 심리 ····························· 808
8. 행정심판의 재결 ····························· 811
9. 행정심판의 불복고지제도 ················· 818
CHAPTER 5 행정소송
1 개 설 ····························································· 820
1. 행정소송의 의의 ···························· 820
2. 행정소송제도의 유형 ······················ 820
3. 행정소송의 기능 ···························· 821
4. 행정소송의 특수성(실정법상 특색) ···· 821
2 행정소송의 한계 ·············································· 821
1. 개 설 ············································ 821
2. 헌법 명문규정상의 한계 ·················· 821
3. 사법권의 본질에 의한 한계 ············· 822
4. 권력분립원칙에서 오는 한계 ············ 823
3 행정소송의 종류 ·············································· 825
1. 내용에 의한 분류 ··························· 825
2. 성질에 의한 분류 ··························· 827
4 취소소송 ························································· 827
5 무효등확인소송 ················································ 942
6 부작위위법확인소송 ·········································· 947
7 당사자소송 ······················································ 954
1. 개 설 ············································ 954
2. 종류와 적용법규 ····························· 955
3. 소송절차 ········································ 960
4. 소송의 종료 ···································· 961
8 객관적 소송 ······················································ 963
1. 개 설 ············································ 963
2. 종 류 ············································ 963
추천포스트

교환 및 환불안내

도서교환 및 환불
  • ㆍ배송기간은 평일 기준 1~3일 정도 소요됩니다.(스프링 분철은 1일 정도 시간이 더 소요됩니다.)
  • ㆍ상품불량 및 오배송등의 이유로 반품하실 경우, 반품배송비는 무료입니다.
  • ㆍ고객님의 변심에 의한 반품,환불,교환시 택배비는 본인 부담입니다.
  • ㆍ상담원과의 상담없이 교환 및 반품으로 반송된 물품은 책임지지 않습니다.
  • ㆍ이미 발송된 상품의 취소 및 반품, 교환요청시 배송비가 발생할 수 있습니다.
  • ㆍ반품신청시 반송된 상품의 수령후 환불처리됩니다.(카드사 사정에 따라 카드취소는 시일이 3~5일이 소요될 수 있습니다.)
  • ㆍ주문하신 상품의 반품,교환은 상품수령일로 부터 7일이내에 신청하실 수 있습니다.
  • ㆍ상품이 훼손된 경우 반품 및 교환,환불이 불가능합니다.
  • ㆍ반품/교환시 고객님 귀책사유로 인해 수거가 지연될 경우에는 반품이 제한될 수 있습니다.
  • ㆍ스프링제본 상품은 교환 및 환불이 불가능 합니다.
  • ㆍ군부대(사서함) 및 해외배송은 불가능합니다.
  • ㆍ오후 3시 이후 상담원과 통화되지 않은 취소건에 대해서는 고객 반품비용이 발생할 수 있습니다.
반품안내
  • 마이페이지 > 나의상담 > 1 : 1 문의하기 게시판 또는 고객센터 1800-7327
교환/반품주소
  • 경기도 파주시 문발로 211 1층 / (주)북채널 / 전화 : 1800-7327
  • 택배안내 : CJ대한통운(1588-1255)
  • 고객님 변심으로 인한 교환 또는 반품시 왕복 배송비 5,000원을 부담하셔야 하며, 제품 불량 또는 오 배송시에는 전액을 당사에서부담 합니다.