실무 행정법 노트
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기존의 행정법 서적들은 독일과 일본의 이론을 기반으로 하고 있다. 이에 반해 이 책은 우리나라의 판례와 개별 법령을 중심으로 이루어져 있다. 또 형식도 서술식 보다는 질의응답식으로 구성하였다. 특히 이 책의 뒷부분에서는 식품위생법, 도로교통법, 건축법, 국토계획법, 학교폭력방지법 등 기존의 행정법 서적에서 구체적으로 다루지 않는 다양한 개별 법령을 구체적으로 검토하였다. 이론도 중요하지만 실무도 중요하다는 생각으로 그동안 행정심판위원회, 인사위원회, 법령해석위원회 등에 참석하여 실무에서 보고 느낀 점들을 구체적으로 담고자 노력하였다. 부족하지만 우리 행정법의 변화 발전에 다소나마 도움이 될 수 있을 것으로 생각된다.
기존의 행정법 서적들은 독일과 일본의 이론을 기반으로 하고 있다. 이에 반해 이 책은 우리나라의 판례와 개별 법령을 중심으로 이루어져 있다. 또 형식도 서술식 보다는 질의응답식으로 구성하였다. 특히 이 책의 뒷부분에서는 식품위생법, 도로교통법, 건축법, 국토계획법, 학교폭력방지법 등 기존의 행정법 서적에서 구체적으로 다루지 않는 다양한 개별 법령을 구체적으로 검토하였다. 이론도 중요하지만 실무도 중요하다는 생각으로 그동안 행정심판위원회, 인사위원회, 법령해석위원회 등에 참석하여 실무에서 보고 느낀 점들을 구체적으로 담고자 노력하였다. 부족하지만 우리 행정법의 변화 발전에 다소나마 도움이 될 수 있을 것으로 생각된다.
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1 서론
제1항 공법과 사법 ·······························13
제2항 행정의 법률적합성의 원칙 ························20
제3항 행정법의 법원 ······························25
제4항 행정입법 ·································3
제5항 행정행위(처분) ······························42
제6항 법령의 해석?적용 ····························52
제7항 행정법 강의 ·······························56
2 행정조직과 권한
제1절 개설 ································· 63
제1항 행정주체와 행정기관 ··························63
제2항 행정 권한 ································6
제2절 국가행정 ······························ 7
제3절 지방자치 ······························ 79
제1항 지방자치단체 ······························79
제2항 조직 ···································82
제3항 주민 ···································86
제4항 지방자치단체의 사무 ··························89
제5항 자치입법 ·································92
제6항 통제 ··································101
3 행정절차와 불복고지?민원
제1절 행정절차법 ···························· 11
제1항 처분의 절차 ······························11
제2항 신고?입법예고?행정예고?행정지도 ···················131
제3항 행정절차법의 적용범위 ························134
제4항 행정절차의 하자 ····························137
제2절 불복고지제도 ··························· 141
제3절 청원?민원?진정 ·························· 146
4 항고쟁송
제1절 개설 ································ 153
제2절 소송요건과 본안판단 ······················· 156
제1항 개설 ··································156
제2항 소송요건 ································160
제3항 본안 요건 ································197
제3절 잠정적 권리구제 ·························· 207
5 국가배상?손실보상
제1절 국가배상법 ···························· 21
제1항 공무원의 불법행위 책임 ························21
제2항 자동차손해배상책임의 성립요건 ····················235
제3항 공물의 설치?관리상의 하자 책임 ····················239
제4항 손해의 배상 ······························248
제2절 손실보상 ······························ 263
제1항 일반론 ·································263
제2항 보상의 절차 ······························272
제3항 도시계획과 손실보상 ·························284
제3절 국가책임제도의 보완 ······················· 289
6 행정강제
제1절 강제징수 ······························ 293
제2절 행정대집행 ···························· 30
제3절 기 타 ······························· 31
제1항 과태료 ·································31
제2항 과징금 ·································314
제3항 이행강제금 ·······························317
제4항 가산세?가산금 ·····························324
제5항 관허사업의 제한 ····························327
제6항 공표 ··································31
7 공무원법
제1절 특별권력관계론 ·························· 39
제2절 국가공무원법 ··························· 34
제1항 개설 ··································34
제2항 임용 ··································348
제3항 종료 ··································35
제4항 징계 ··································365
8 주요 개별법
제1절 「공공기관의 정보공개에 관한 법률」 ··············· 381
제2절 도로교통법 ···························· 402
제3절 식품위생법 ···························· 417
제1항 영업의 개시 ······························417
제2항 승계 ··································425
제3항 제재처분 ································431
제4절 「국토의 계획 및 이용에 관한 법률」 ··············· 456
제1항 도시 계획 ································456
제2항 개발행위 ································473
제3항 환경영향평가 ······························47
제5절 건축법 ······························· 480
제1항 건축허가와 건축신고 ··························480
제2항 시정명령 및 후속 조치 ·························50
제6절 「도시 및 주거환경정비법」 ···················· 502
제7절 학교 관련 개별법 ························· 52
제1항 「학교폭력 예방 및 대책에 관한 법률」 ·················52
제2항 「교육환경보호에 관한 법률」 ······················536
제3항 「학교용지 확보 등에 관한 특례법」 ··················541
제8절 「부동산 실권리자명의 등기에 관한 법률」 ············ 54
9 소송의 수행
제1항 소송수행자 ·······························55
제2항 주장 ··································57
제3항 서면 작성 ································560
제4항 증거 ··································568
제5항 기일 ··································571
제6항 종결 및 상소 ······························573
찾아보기 ····································· 575
제1항 공법과 사법 ·······························13
제2항 행정의 법률적합성의 원칙 ························20
제3항 행정법의 법원 ······························25
제4항 행정입법 ·································3
제5항 행정행위(처분) ······························42
제6항 법령의 해석?적용 ····························52
제7항 행정법 강의 ·······························56
2 행정조직과 권한
제1절 개설 ································· 63
제1항 행정주체와 행정기관 ··························63
제2항 행정 권한 ································6
제2절 국가행정 ······························ 7
제3절 지방자치 ······························ 79
제1항 지방자치단체 ······························79
제2항 조직 ···································82
제3항 주민 ···································86
제4항 지방자치단체의 사무 ··························89
제5항 자치입법 ·································92
제6항 통제 ··································101
3 행정절차와 불복고지?민원
제1절 행정절차법 ···························· 11
제1항 처분의 절차 ······························11
제2항 신고?입법예고?행정예고?행정지도 ···················131
제3항 행정절차법의 적용범위 ························134
제4항 행정절차의 하자 ····························137
제2절 불복고지제도 ··························· 141
제3절 청원?민원?진정 ·························· 146
4 항고쟁송
제1절 개설 ································ 153
제2절 소송요건과 본안판단 ······················· 156
제1항 개설 ··································156
제2항 소송요건 ································160
제3항 본안 요건 ································197
제3절 잠정적 권리구제 ·························· 207
5 국가배상?손실보상
제1절 국가배상법 ···························· 21
제1항 공무원의 불법행위 책임 ························21
제2항 자동차손해배상책임의 성립요건 ····················235
제3항 공물의 설치?관리상의 하자 책임 ····················239
제4항 손해의 배상 ······························248
제2절 손실보상 ······························ 263
제1항 일반론 ·································263
제2항 보상의 절차 ······························272
제3항 도시계획과 손실보상 ·························284
제3절 국가책임제도의 보완 ······················· 289
6 행정강제
제1절 강제징수 ······························ 293
제2절 행정대집행 ···························· 30
제3절 기 타 ······························· 31
제1항 과태료 ·································31
제2항 과징금 ·································314
제3항 이행강제금 ·······························317
제4항 가산세?가산금 ·····························324
제5항 관허사업의 제한 ····························327
제6항 공표 ··································31
7 공무원법
제1절 특별권력관계론 ·························· 39
제2절 국가공무원법 ··························· 34
제1항 개설 ··································34
제2항 임용 ··································348
제3항 종료 ··································35
제4항 징계 ··································365
8 주요 개별법
제1절 「공공기관의 정보공개에 관한 법률」 ··············· 381
제2절 도로교통법 ···························· 402
제3절 식품위생법 ···························· 417
제1항 영업의 개시 ······························417
제2항 승계 ··································425
제3항 제재처분 ································431
제4절 「국토의 계획 및 이용에 관한 법률」 ··············· 456
제1항 도시 계획 ································456
제2항 개발행위 ································473
제3항 환경영향평가 ······························47
제5절 건축법 ······························· 480
제1항 건축허가와 건축신고 ··························480
제2항 시정명령 및 후속 조치 ·························50
제6절 「도시 및 주거환경정비법」 ···················· 502
제7절 학교 관련 개별법 ························· 52
제1항 「학교폭력 예방 및 대책에 관한 법률」 ·················52
제2항 「교육환경보호에 관한 법률」 ······················536
제3항 「학교용지 확보 등에 관한 특례법」 ··················541
제8절 「부동산 실권리자명의 등기에 관한 법률」 ············ 54
9 소송의 수행
제1항 소송수행자 ·······························55
제2항 주장 ··································57
제3항 서면 작성 ································560
제4항 증거 ··································568
제5항 기일 ··································571
제6항 종결 및 상소 ······························573
찾아보기 ····································· 575
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