2021.3.23. 시행 행정기본법 반영
주관식 점수로 직결되는 핵심키워드 중심의 내용 구성
2021년 제정된 행정기본법을 반영하면서도 분량이 지나치게 늘어나지 않도록 서술
테마의 개념, 목차, 키워드 등을 강조하여 한 눈에 테마 전체의 흐름이 보이도록 구성
자연스럽게 암기할 수 있도록 재미있고 참신한 두문자를 조합
책의 내용 그대로 답안을 작성하여도 충분한 점수를 받을 수 있도록 핵심키워드를 빠뜨리지 않고 문장 정리
1. 들어가며
주관식 경찰행정법 교재는 경찰행정법을 처음 접하는 수험생들이 경찰행정법을 바르게 이해할 수 있도록 상세한 설명과 판례를 기술한 기본서이기 때문에 그 분량이 많습니 다. 따라서 시간과 노력에 제약이 따르는 수험생 입장에서는 정리 및 암기를 위한 서브노트 형식의 요약서가 필요합니다. 수험생 여러분들의 그러한 필요성에 부응하기 위하여 유시완의 <경찰행정법 단문정리 두문자 X파일>을 만들었습니다.
2. 본서의 특징 및 유의사항
특 징
이 책을 휴대하고 다니면서 자연스럽게 암기할 수 있도록 재미있고 참신한 두문자를 조합하였고, 두문자를 이루는 각 테마의 개념, 목차, 키워드 등을 강조 처리하여 한 눈에 테마 전체의 흐름이 보이도록 구성하였습니다. 그리고 이 책의 내용 그대로 답안을 작성하여도 충분한 점수를 받을 수 있도록 핵심키워드를 빠뜨리지 않고 문장 형태를 유지 하여 정리하였습니다. 또한 2021년 제정된 행정기본법을 반영하면서도 분량이 지나치게 늘어나지 않도록 서술하였습니다.
유의할 점
이 책은 정리와 암기를 위한 보조적인 수단이므로 반드시 주관식 경찰행정법 교재와 강의를 통하여 경찰행정법을 충분히 이해한 후 활용하여야 합니다. 행정법에 대한 이해가 충분치 못하다면 암기하기가 어렵고, 암기하였다 하더라도 올바른 답안을 작성할수 없습니다. 이해를 바탕으로 하여 이 책의 내용에 자신의 노력을 더하여 자신만의 문체로 바꾸거나 내용을 추가함으로써 자신만의 서브노트를 만들어 활용한다면 합격의 영광은 더욱 더 분명해 질 것입니다.
3. 맺으며
힘들어도 참고 반복하는 것이 최고의 방법입니다. 아무쪼록 이 책이 주관식 경찰행정법 공부에 도움이 되기를 기원합니다.
2021년 유시완
01 행정상 법률관계 ········································································································································· 9
02 공법관계와 사법관계의 구별 ······················································································································ 10
03 행정법관계에 사법규정의 적용 ··················································································································· 12
04 행정사법 ·················································································································································· 14
05 공무수탁사인 ············································································································································ 15
06 법률유보원칙 ············································································································································ 16
07 특별권력관계 ··········································································································································· 17
08 비례의 원칙 ·············································································································································· 21
09 신뢰보호의 원칙 ······································································································································· 22
10 자기구속의 원칙 ······································································································································· 24
11 부당결부금지의 원칙 ································································································································· 26
12 통치행위 ·················································································································································· 28
13 사인의 공법행위 ······································································································································· 30
14 사인의 공법행위로서의 신고 ······················································································································ 32
15 개인적 공권과 그 확대화 ·························································································································· 34
16 행정개입청구권 ········································································································································· 36
17 무하자재량행사청구권 ······························································································································· 38
18 행정행위 ·················································································································································· 40
19 기속행위와 재량행위의 구별 ······················································································································ 42
20 재량행위의 한계와 통제 ···························································································································· 44
21 판단여지 ·················································································································································· 46
22 하 명 ······················································································································································ 48
23 일반처분 ·················································································································································· 50
24 허 가 ······················································································································································· 52
25 허가와 특허의 구별 ·································································································································· 55
26 복효적 행정행위 ······································································································································· 56
27 준법률행위적 행정행위 ······························································································································ 57
28 공정력과 구성요건적 효력 ························································································································· 59
29 행정행위의 존속력 ···································································································································· 62
30 부관의 종류와 한계 ·································································································································· 63
31 부관에 대한 행정쟁송 ······························································································································· 65
32 부 담 ······················································································································································· 67
33 무효와 취소의 구별 ·································································································································· 69
34 하자의 치유 ·············································································································································· 71
35 하자의 전환 ············································································································································· 73
36 행정행위의 하자승계 ································································································································· 74
37 행정행위의 직권취소 ································································································································· 76
38 행정행위의 철회 ······································································································································· 79
39 법규명령 ·················································································································································· 81
40 행정규칙 ·················································································································································· 83
41 법규명령형식의 행정규칙 ·························································································································· 85
42 행정규칙형식의 법규명령 ·························································································································· 86
43 행정계획 ·················································································································································· 88
44 행정의 자동결정 ······································································································································· 90
45 확 약 ······················································································································································· 92
46 사실행위 ·················································································································································· 94
47 행정지도 ·················································································································································· 96
48 공법상 계약 ············································································································································· 98
49 행정절차법상 처분절차 ···························································································································· 100
50 행정절차의 하자 ····································································································································· 102
51 처분의 이유제시 ····································································································································· 104
52 청 문 ··················································································································································· 106
53 공청회 ··················································································································································· 108
54 정보공개청구권 ······································································································································· 110
55 대집행 ···················································································································································· 112
56 이행강제금(집행벌) ·································································································································· 114
57 직접강제 ················································································································································· 116
58 즉시강제 ················································································································································· 118
59 행정조사 ················································································································································ 120
60 행정질서벌 ············································································································································· 123
61 행정형벌과 행정질서벌의 비교 ··············································································································· 125
62 과징금 ···················································································································································· 127
63 공급거부 ················································································································································ 129
64 행정상 공표 ············································································································································ 131
65 새로운 의무이행확보 수단 ······················································································································· 133
66 국가배상법 제2조의 국가배상청구권의 성립요건 ······················································································· 135
67 국가배상책임의 본질과 공무원의 배상책임 ······························································································· 138
68 국가배상청구권의 제한(이중배상금지) ······································································································· 140
69 자동차손해배상보장법과 국가배상법과의 관계 ··························································································· 142
70 영조물책임 ············································································································································· 143
71 국가배상법상 배상책임자 ························································································································· 145
72 행정상 손실보상 ······································································································································ 147
73 수용유사침해이론 ···································································································································· 149
74 수용적 침해이론 ····································································································································· 150
75 희생보상 ················································································································································· 151
76 행정소송의 한계 ····································································································································· 153
77 원고적격 ················································································································································ 155
78 취소소송의 대상적격 ······························································································································· 157
79 원처분주의와 재결주의 ···························································································································· 159
80 협의의 소의 이익 ···································································································································· 161
81 처분사유의 추가·변경 ···························································································································· 163
82 행정소송상 가구제(집행정지) ···················································································································· 164
83 사정판결 ················································································································································ 166
84 취소판결의 기속력 ·································································································································· 168
85 결과제거청구권 ······································································································································· 170
86 무효등확인소송 ······································································································································· 172
87 부작위위법확인소송 ································································································································· 174
88 의무이행심판 ·········································································································································· 176
89 행정청의 부작위에 대한 구제방법 ············································································································ 178
90 경찰권발동의 근거 ·································································································································· 180
91 경찰권발동의 한계 ··································································································································· 181
92 경찰책임의 원칙 ····································································································································· 182
93 제3자의 경찰책임(경찰상 긴급상태) ·········································································································· 185
94 경찰책임의 종류와 승계 ·························································································································· 186
95 경찰관 직무집행법상 경찰조치 ················································································································· 188
96 경찰관 직무집행법상 불심검문 ················································································································· 190
97 경찰관 직무집행법상 위험방지를 위한 출입 ······························································································ 192
98 경찰관 직무집행법상 무기사용의 요건과 한계 ··························································································· 194
