변호사시험은 선택형, 사례형, 기록형으로 구성되어 있어 공부할 양이 지나치게 많습니다. 로스쿨 3년이라는 시간이 있지만, 사실상 1년도 안 되는 기간에 모든 과목의 선택형, 사례형, 기록형을 정리하고 시험을 치러야 하기에 충분한 시간을 두고 기본서와 사례집을 독파하는 것은 무리입니다. 따라서 효율적으로 정리하고 빠른 시간에 회독할 수 있는 All-in-one 로스쿨 행정법 선택·사례 핵심암기장을 준비하였습니다.
이 책의 특징은 다음과 같습니다.
첫째, 최근 제정된 행정기본법을 반영하여, 최소 시간을 투자하여 선택형과 사례 형에 대비할 수 있도록 하였습니다.
둘째, 변호사시험 및 법학전문대학원협의회의 모의고사 선택형 문제를 선별 정리 하여 출제 가능성이 높은 지문을 수록하였습니다.
셋째, 출제가 유력한 쟁점을 중심으로, 모든 테마를 사례문제화하여 압축답안을 구성하였습니다.
넷째, 변호사시험뿐 아니라, 사법시험, 5급공채, 법원행시, 경찰승진(경감급) 등의 국가고시를 철저히 분석하여 사례화함으로써 종합사례집으로도 활용할 수 있게끔 하였습니다.
이 책이 나오기까지 함께 해준 네오고시뱅크 가족들에게 감사의 말씀을 전합니 다. 그리고 이 책으로 공부하는 모든 수험생분들이 합격의 기쁨을 만끽할 수있기를 기원합니다.
2021.7.20.
유 시 완
제1편 행정법 선택형 정리
제 1 공법관계와 사법관계의 구별 ··················································································2
제 2 법치행정의 원리 ·····································································································8
제 3 사인의 공법행위 ···································································································14
제 4 행정입법 ··············································································································20
제 5 기속행위와 재량행위 ···························································································23
제 6 제3자효 행정행위 ·································································································27
제 7 허가?특허?인가 ·································································································28
제 8 부 관 ···················································································································32
제 9 행정행위의 효력 ··································································································35
제 10 무효와 취소 ·········································································································37
제 11 하자치유, 하자승계 ······························································································40
제 12 행정행위의 직권취소, 철회, 실효 ········································································42
제 13 그 밖의 행정작용 ································································································45
제 14 행정절차 ··············································································································49
제 15 정보공개 ··············································································································56
제 16 의무이행확보수단 ································································································59
제 17 국가배상 ··············································································································65
제 18 손실보상 ···············································································································75
제 19 공법상 부당이득 ··································································································78
제 20 행정심판 ··············································································································79
제 21 취소소송의 대상적격 ····························································································81
제 22 원고적격 ··············································································································90
제 23 협의의 소의 이익 ································································································96
제 24 피고적격 ············································································································102
제 25 제소기간 ············································································································104
제 26 전심절차 ············································································································108
제 27 관할법원, 관련청구소송의 이송·병합, 소 변경 ···············································109
제 28 가구제 ················································································································111
제 29 취소소송의 심리 ································································································114
제 30 판 결 ·················································································································118
제 31 무효등확인소송과 부작위위법확인소송 ······························································123
제 32 당사자소송·민중소송·기관소송 ······································································125
제 33 행정조직법 ········································································································126
제 34 지방자치법 ········································································································128
제 35 공무원법 ············································································································133
제 36 공물법 ···············································································································135
제 37 공용부담 ············································································································138
제2편 행정법 사례형 정리
예제 1 공법관계와 사법관계의 구별 ···································································144
예제 2 부당결부금지의 원칙, 자기구속의 원칙, 비례의 원칙 ································145
예제 3 신뢰보호의 원칙 ····························································································148
예제 4 실권의 법리 ···································································································150
예제 5 행정개입청구권 ······························································································152
예제 6 특별권력관계 ··································································································155
예제 7 판단여지 ·········································································································157
예제 8 신고의 종류 ···································································································159
예제 9 수리를 요하는 신고의 심사범위 ····································································161
예제 10 건축신고 반려행위 ·························································································163
예제 11 지위승계신고의 처분성 ··················································································166
예제 12 하자 있는 신고수리의 효력 ···········································································168
예제 13 법규명령 형식의 행정규칙 ·············································································169
예제 14 제재적 처분사유의 승계 ·················································································171
예제 15 예외적 승인 ····································································································173
예제 16 인 가 ··············································································································175
예제 17 부관의 위법성 ·······························································································177
예제 18 사후 부관 ·······································································································180
예제 19 부관의 독립쟁송 ····························································································182
예제 20 부관의 독립취소 ··························································································184
예제 21 선결문제(민사법원의 위법성 심사) ································································186
예제 22 선결문제(민사법원의 효력 부인) ···································································188
예제 23 선결문제(형사법원의 위법성 심사) ································································190
예제 24 선결문제(형사법원의 효력부인) ·····································································192
예제 25 위헌결정의 기속력에 반하는 행정처분의 효력 ·············································194
예제 26 하자 승계 ·······································································································197
예제 27 하자 치유 ······································································································199
예제 28 철회의 적법성 ·······························································································201
예제 29 취소의 취소(철회의 취소) ·············································································204
예제 30 행정계획의 법적 성질(처분성) ······································································206
예제 31 행정계획의 위법성 ························································································208
예제 32 행정지도의 처분성 ·························································································210
예제 33 행정지도와 손해배상 ·····················································································212
예제 34 절차상 하자(이유제시) ···················································································214
예제 35 절차상 하자(사전통지 및 의견청취) ······························································216
예제 36 사전통지 대상자의 범위 ················································································218
예제 37 절차하자의 독자적 위법성 ············································································220
예제 38 거부처분과 사전통지 ·····················································································222
예제 39 거부처분과 사전통지 ·····················································································224
예제 40 비공개 결정의 위법성(1) ···············································································226
예제 41 비공개 결정의 위법성(2) ···············································································228
예제 42 공공기관의 정보공개방법 선택 가능성 ·························································230
예제 43 정보공개거부처분 취소소송 소송요건 ···························································232
예제 44 반복된 계고 ···································································································234
예제 45 철거명령과 계고의 결합 ················································································236
예제 46 건물인도 명령의 경우 대집행 가능성 ···························································238
예제 47 대집행 과정에서 실력행사 가능성 ································································239
예제 48 행정상 즉시강제에 대한 취소소송 ································································240
예제 49 행정상 즉시강제와 영장주의 ·········································································243
예제 50 행정조사와 영장주의 ·····················································································245
예제 51 행정조사와 실력행사 ·····················································································247
예제 52 위법한 행정조사에 근거한 처분의 위법성 ····················································249
예제 53 법령해석과 과실 ····························································································251
예제 54 부작위에 의한 국가배상책임 ·········································································253
예제 55 자배법과 국가배상법 ·····················································································256
예제 56 피해자의 선택적 청구권 ················································································258
예제 57 경과실 공무원의 구상권 ···············································································260
예제 58 이중배상금지 ·································································································263
예제 59 군인 등과 민간인의 공동불법행위와 이중배상금지 ······································266
예제 60 취소소송 판결의 기판력과 국가배상(위법성-1) ············································268
예제 61 취소소송 판결의 기판력과 국가배상(위법성-2) ············································270
예제 62 취소소송 판결의 기판력과 국가배상(위법성과 과실) ····································272
예제 63 영조물 책임 ···································································································274
예제 64 비용부담자의 배상책임 ··················································································277
예제 65 궁극적인 배상책임자 ·····················································································279
예제 66 행정심판 ········································································································281
예제 67 의무이행소송 ·································································································285
예제 68 예방적 금지소송 (예방적 부작위소송) ··························································287
예제 69 거부처분 ········································································································289
예제 70 재결취소소송 ·································································································291
예제 71 변경재결 ········································································································293
예제 72 변경명령재결에 따른 변경처분(직권에 의한 변경처분) ································296
예제 73 원고적격(이웃소송) ························································································298
예제 74 원고적격(경쟁자소송) ····················································································300
예제 75 원고적격(경원자소송) ····················································································303
예제 76 가중적 제재처분과 소의 이익 ·······································································305
예제 77 행정심판 전치주의 ························································································308
예제 78 집행정지 ········································································································309
예제 79 거부처분에 대한 가구제 ·················································································311
예제 80 직권심리주의 ·································································································313
예제 81 처분사유의 추가·변경 ··················································································315
예제 82 사정판결 ········································································································317
예제 83 확정된 취소판결의 기속력(1) ·········································································319
예제 84 확정된 취소판결의 기속력(2) ········································································322
예제 85 기속력에 위반한 처분의 효력 ·······································································325
예제 86 간접강제 ········································································································327
예제 87 무효확인소송 ·································································································329
예제 88 부작위위법확인소송 ·······················································································331
예제 89 당사자소송 ····································································································333
예제 90 권한의 내부위임 ···························································································335
예제 91 국가사무와 자치사무의 구별 ·········································································337
예제 92 주민소송 ········································································································339
예제 93 시정명령 및 취소·정지 ················································································343
예제 94 시정명령에 대한 불복소송 ············································································346
예제 95 임용행위의 법적 성질 ···················································································347
예제 96 결격사유 있는 자에 대한 임용행위의 위법성과 그 정도 ·····························348
예제 97 결격사유 있는 자에 대한 임용취소통보 ·······················································350
예제 98 경찰책임의 원칙 ····························································································352
예제 99 제3자의 경찰책임 ··························································································354
예제 100 공물의 소멸 ·································································································357
예제 101 행정재산의 목적 외 사용허가 ·····································································359
예제 102 보상금 증감청구소송 ···················································································361
예제 103 재건축조합 설립인가처분 ············································································363
