변호사시험, 법원행시 등 각종 시험에서 최신 판례의 출제비중이 높습니다. 따라서 수험생들은 최신 3개년 판례를 반드시 정리하여야 합니다. 하지만 촉박한 시간에 쫓기며 여러 과목을 모두 준비하여야 하는 수험생 입장에서 최신 판례를 정리하는 일은 쉬운 일이 아닙니다. 이에 수험생들의 시간 부담을 줄여주고자 최신 판례 중 출제가능성이 높은 판례들과, 최신 판례는 아니지만 시험에 자주 출제되고 있는 중요 판례들을 정리 하였습니다.
이 책은 ‘판시사항’과 ‘판결요지’를 소개하는 것을 원칙으로 하되, 쟁점이 많고 사실관계가 복잡한 사건은 ‘판결 이유’까지도 상세히 수록하였습니다. 그러나 비교적 간단한 판례는 ‘판결요지’ 중 필요한 부분만을 발췌하여 분량을 최소화하였습니다.
그리고 사례형 시험에 충분히 대비할 수 있도록 각 판례마다 답안에 기재하여야 하는 중요 부분에 밑줄을 그어 강조하였고, 전원합의체 판결은 다수의견과 반대의견 및 별개 의견을 모두 소개하였습니다.
이 책을 학습하면서 의문이 들거나 부족하다고 느껴지는 부분은 기본서를 참조하면서 판례를 정리하신다면 행정법 고득점에 크게 도움이 될 것입니다.
여러분의 합격을 기원합니다.
마지막으로 이 책이 나오기까지 많은 도움을 주신 정주형 교수님, 홍민교 팀장님, 김백선 실장님, 문지수 대리님, 이종배 선생님, 방현호 선생님께 감사의 말씀을 드립니다.
2020. 08. 03.
유시완 씀
? 제1편 행정법 총론
1. 신뢰보호원칙과 행정계획 변경청구권 ················································································································ 6
2. 복수운전면허 취소 ··············································································································································· 7
3. 무하자재량행사청구권 ········································································································································ 12
4. 행정개입청구권 ··················································································································································· 13
5. 신 고 ··································································································································································· 16
6. 지위승계신고 ······················································································································································ 19
7. 수리를 요하지 않는 신고의 수리거부 ············································································································· 23
8. 처분적 법규 ························································································································································ 24
9. 법규명령 형식의 행정규칙 ································································································································ 24
10. 행정규칙 형식의 법규명령 ······························································································································ 25
11. 기속행위와 재량행위 ········································································································································ 26
12. 허가/특허/인가 ················································································································································· 31
13. 부 관 ······························································································································································· 33
14. 선결문제 ···························································································································································· 34
15. 위헌 법률에 근거한 처분 ································································································································ 35
16. 하자승계 ···························································································································································· 38
17. 하자치유 ···························································································································································· 41
18. 직권취소와 철회 ··············································································································································· 42
19. 행정계획 ···························································································································································· 47
20. 행정지도 ··························································································································································· 48
21. 행정절차 ···························································································································································· 49
22. 정보공개 ··························································································································································· 52
23. 행정의 실효성 확보수단 ································································································································· 53
? 제2편 행정구제법
1. 국가배상 ······························································································································································ 64
2. 이의신청 ···························································································································································· 77
3. 행정심판 ····························································································································································· 78
4. 무명항고소송 ······················································································································································ 80
5. 대상적격 ? 처분 ················································································································································· 81
6. 대상적격 ? 재결 ················································································································································ 92
7. 원고적격 ····························································································································································· 94
8. 협의의 소의 이익 ············································································································································ 108
9. 피고적격 ···························································································································································· 113
10. 제소기간 ·························································································································································· 114
11. 가구제 ······························································································································································ 120
12. 처분사유의 추가·변경 ·································································································································· 122
13. 증명책임 ·························································································································································· 124
14. 일부취소 ·························································································································································· 127
15. 기속력 ····························································································································································· 128
16. 무효확인소송 ··················································································································································· 131
17. 부작위위법확인소송 ········································································································································ 132
18. 민중소송 ·············································································································································· 134
? 제3편 행정법각론
1. 행정조직법 ························································································································································ 138
2. 지방자치법 ························································································································································ 139
3. 공무원법 ···························································································································································· 157
4. 공물법 ······························································································································································· 164
5. 공용부담법 ······················································································································································ 165
6. 환경법 ··························································································································································· 177
7. 기 타 ······························································································································································· 179
