1. 들어가며
주관식 경찰행정법 교재는 경찰행정법을 처음 접하는 수험생들이 경찰행정법을 바르게 이해할 수 있도록 상세한 설명과 판례를 기술한 기본서이기 때문에 그 분량이 많습니다. 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 서술하였으며, 확약, 2022년 개정된 행정절차법을 반영하여 확약, 위반사실 공표(명단공표), 행정계획, 청문, 공청회 등의 내용을 수정하였습니다. 한편 출제가능성이 낮은 최근 기출단문은 수록하지 않았습니다.
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.
2023년 3월 24일
유시완
01 행정상 법률관계 ······································································································································· 1
02 행정법관계에 사법규정의 적용 ················································································································· 2
03 행정사법 ··················································································································································· 4
04 법률유보원칙 ············································································································································ 5
05 특별권력관계 ·········································································································································· 7
06 비례의 원칙 ·············································································································································· 9
07 신뢰보호의 원칙 ····································································································································· 10
08 자기구속의 원칙 ····································································································································· 12
09 부당결부금지의 원칙 ······························································································································ 14
10 통치행위 ················································································································································· 16
11 개인적 공권과 그 확대화 ······················································································································· 18
12 행정개입청구권 ······································································································································ 20
13 무하자재량행사청구권 ···························································································································· 22
14 행정행위 ················································································································································· 24
15 재량행위의 한계와 통제 ························································································································· 26
16 판단여지 ················································································································································ 28
17 일반처분 ················································································································································ 30
18 준법률행위적 행정행위 ·························································································································· 32
19 공정력과 구성요건적 효력 ····················································································································· 34
20 행정행위의 존속력 ································································································································· 37
21 부관의 종류와 한계 ······························································································································· 38
22 부관에 대한 행정쟁송 ···························································································································· 40
23 부 담 ······················································································································································ 42
24 무효와 취소의 구별 ······························································································································· 44
25 하자의 치유 ··········································································································································· 46
26 하자의 전환 ··········································································································································· 48
27 행정행위의 하자승계 ······························································································································ 49
28 행정행위의 철회 ····································································································································· 51
29 법규명령 ················································································································································ 53
30 행정규칙 ················································································································································ 55
31 행정규칙형식의 법규명령 ······················································································································· 57
32 행정계획 ················································································································································ 59
33 확 약 ······················································································································································ 61
34 사실행위 ················································································································································ 63
35 행정지도 ················································································································································ 65
36 공법상 계약 ··········································································································································· 67
37 행정절차법상 처분절차 ·························································································································· 69
38 청 문 ····················································································································································· 71
39 공청회 ···················································································································································· 73
40 대집행 ···················································································································································· 75
41 이행강제금(집행벌) ································································································································· 77
42 직접강제 ················································································································································· 79
43 즉시강제 ················································································································································· 81
44 행정조사 ················································································································································ 83
45 과징금 ···················································································································································· 86
46 공급거부 ················································································································································ 88
47 행정상 공표 ··········································································································································· 90
48 새로운 의무이행확보 수단 ····················································································································· 92
49 국가배상법 제2조의 국가배상청구권의 성립요건 ··················································································· 94
50 국가배상책임의 본질과 공무원의 배상책임 ···························································································· 97
51 자동차손해배상보장법과 국가배상법과의 관계 ······················································································ 99
52 영조물책임 ············································································································································ 101
53 국가배상법상 배상책임자 ····················································································································· 103
54 행정상 손실보상 ··································································································································· 105
55 수용유사침해이론 ································································································································· 107
56 수용적 침해이론 ··································································································································· 108
57 희생보상 ··············································································································································· 109
58 행정소송의 한계 ···································································································································· 111
59 원고적격 ··············································································································································· 113
60 취소소송의 대상적격 ···························································································································· 115
61 원처분주의와 재결주의 ························································································································· 117
62 협의의 소의 이익 ································································································································· 119
63 처분사유의 추가·변경 ························································································································· 121
64 취소판결의 기속력 ······························································································································· 122
65 결과제거청구권 ····································································································································· 124
66 무효등확인소송 ···································································································································· 126
67 부작위위법확인소송 ······························································································································ 128
68 의무이행심판 ········································································································································ 130
69 행정청의 부작위에 대한 구제방법 ········································································································ 132
70 경찰권발동의 근거 ······························································································································· 134
71 경찰권발동의 한계 ······························································································································· 135
72 제3자의 경찰책임(경찰상 긴급상태) ····································································································· 136
73 경찰책임의 종류와 승계 ······················································································································· 137
74 경찰관 직무집행법상 경찰조치 ············································································································· 138
75 경찰관 직무집행법상 불심검문 ············································································································· 140
76 경찰관 직무집행법상 위험방지를 위한 출입 ························································································ 142
77 경찰관 직무집행법상 무기사용의 요건과 한계 ····················································································· 144
