행정구제법(개정판)
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주문일로부터 8-12 영업일
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주문일로부터 6-8 영업일
행정구제법의 기초적인 이해를 위한 충실한 학습가이드!
시중에 여러 동종 또는 유사한 교재가 나와 있으나, 내용적으로 분량이 너무 많고 학설(해석론 또는 입법론)의 설명 부분이 학생들에게 큰 혼란을 주면서 중요판례에 대한 평면적인 지식을 전달하고 있는 반면, 이론체계의 효과적인 학습과 판례에 대한 정확한 이해를 위한 단권화된 교재는 흔치 않다. 이 책은 풍부한 강의경험을 바탕으로 이런 측면을 적극 보완함으로써 행정구제법에 대한 기초지식의 형성을 도와 변호사시험을 대비하는데 유용한 교재를 집필하려는 의도에서 출간되었다.
시중에 여러 동종 또는 유사한 교재가 나와 있으나, 내용적으로 분량이 너무 많고 학설(해석론 또는 입법론)의 설명 부분이 학생들에게 큰 혼란을 주면서 중요판례에 대한 평면적인 지식을 전달하고 있는 반면, 이론체계의 효과적인 학습과 판례에 대한 정확한 이해를 위한 단권화된 교재는 흔치 않다. 이 책은 풍부한 강의경험을 바탕으로 이런 측면을 적극 보완함으로써 행정구제법에 대한 기초지식의 형성을 도와 변호사시험을 대비하는데 유용한 교재를 집필하려는 의도에서 출간되었다.
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제1장 행정구제법 개관 ·········································································· 13
제1절 행정구제의 의의 ············································································ 15
제2절 행정구제제도의 기능과 체계 ······················································· 15
제2장 행정소송 ······················································································· 19
제1절 행정소송의 의의 및 종류 ····························································· 21
제1항 행정소송의 의의 및 근거 ························································· 21
제2항 행정소송의 종류 ········································································ 21
제2절 소송요건 ························································································· 33
제1항 대상적격 ····················································································· 34
제2항 원고적격 ····················································································· 77
제3항 협의의 소익 ············································································· 100
제4항 피고적격 ··················································································· 118
제5항 예외적 행정심판전치주의 ······················································· 127
제6항 제소기간 ··················································································· 132
제3절 가구제 ·························································································· 151
제1항 개설 ·························································································· 151
제2항 집행정지 ··················································································· 151
제3항 민사집행법상 가처분의 허용 여부 ········································ 168
제4절 행정소송의 심리 ·········································································· 171
제1항 심리의 내용 및 범위 ······························································ 171
제2항 심리의 제원칙 ········································································· 174
제3항 심리의 제절차 ········································································· 176
제4항 주장책임과 입증책임 ······························································ 195
제5항 위법성 판단의 기준시점 ························································· 197
제5절 행정소송의 판결 ·········································································· 202
제1항 판결의 종류 ············································································· 202
제2항 판결의 효력 ············································································· 213
제3장 행정상 손해배상(국가배상) ····················································· 231
제1절 개관 ······························································································ 233
제2절 공무원의 직무상 불법행위로 인한 손해배상책임 ···················· 238
제1항 의의 ························································································ 238
제2항 배상책임의 성질 및 공무원의 배상책임 성립 여부 ············ 238
제3항 배상책임의 성립요건 ······························································ 242
제3절 영조물의 설치 또는 관리상 하자로 인한 손해배상책임 ········· 279
제1항 영조물의 개념 ········································································· 279
제2항 영조물의 설치 또는 관리상 하자 ·········································· 279
제4절 배상책임자 ··················································································· 291
제1항 피해자에 대한 배상책임자 ····················································· 291
제2항 종국적 배상책임자 ·································································· 292
제5절 이중배상제한규정 ········································································ 296
제1항 의의 ·························································································· 296
제2항 적용요건 ··················································································· 296
제3항 국가 등에 대한 구상권 행사의 문제 ···································· 297
제4장 행정상 손실보상 ········································································ 301
제1절 행정상 손실보상의 의의 및 근거 ·············································· 303
제1항 행정상 손실보상의 의의 ························································· 303
제2항 행정상 손실보상의 근거 ························································· 303
제2절 행정상 손실보상의 요건 ····························································· 310
제3절 행정상 손실보상의 기준·내용·방법 ············································ 311
제1항 대물적 보상 ············································································· 311
제2항 생활보상 ··················································································· 313
제4절 보상결정 및 불복의 절차 ························································· 316
제1절 행정구제의 의의 ············································································ 15
제2절 행정구제제도의 기능과 체계 ······················································· 15
제2장 행정소송 ······················································································· 19
제1절 행정소송의 의의 및 종류 ····························································· 21
제1항 행정소송의 의의 및 근거 ························································· 21
제2항 행정소송의 종류 ········································································ 21
제2절 소송요건 ························································································· 33
제1항 대상적격 ····················································································· 34
제2항 원고적격 ····················································································· 77
제3항 협의의 소익 ············································································· 100
제4항 피고적격 ··················································································· 118
제5항 예외적 행정심판전치주의 ······················································· 127
제6항 제소기간 ··················································································· 132
제3절 가구제 ·························································································· 151
제1항 개설 ·························································································· 151
제2항 집행정지 ··················································································· 151
제3항 민사집행법상 가처분의 허용 여부 ········································ 168
제4절 행정소송의 심리 ·········································································· 171
제1항 심리의 내용 및 범위 ······························································ 171
제2항 심리의 제원칙 ········································································· 174
제3항 심리의 제절차 ········································································· 176
제4항 주장책임과 입증책임 ······························································ 195
제5항 위법성 판단의 기준시점 ························································· 197
제5절 행정소송의 판결 ·········································································· 202
제1항 판결의 종류 ············································································· 202
제2항 판결의 효력 ············································································· 213
제3장 행정상 손해배상(국가배상) ····················································· 231
제1절 개관 ······························································································ 233
제2절 공무원의 직무상 불법행위로 인한 손해배상책임 ···················· 238
제1항 의의 ························································································ 238
제2항 배상책임의 성질 및 공무원의 배상책임 성립 여부 ············ 238
제3항 배상책임의 성립요건 ······························································ 242
제3절 영조물의 설치 또는 관리상 하자로 인한 손해배상책임 ········· 279
제1항 영조물의 개념 ········································································· 279
제2항 영조물의 설치 또는 관리상 하자 ·········································· 279
제4절 배상책임자 ··················································································· 291
제1항 피해자에 대한 배상책임자 ····················································· 291
제2항 종국적 배상책임자 ·································································· 292
제5절 이중배상제한규정 ········································································ 296
제1항 의의 ·························································································· 296
제2항 적용요건 ··················································································· 296
제3항 국가 등에 대한 구상권 행사의 문제 ···································· 297
제4장 행정상 손실보상 ········································································ 301
제1절 행정상 손실보상의 의의 및 근거 ·············································· 303
제1항 행정상 손실보상의 의의 ························································· 303
제2항 행정상 손실보상의 근거 ························································· 303
제2절 행정상 손실보상의 요건 ····························································· 310
제3절 행정상 손실보상의 기준·내용·방법 ············································ 311
제1항 대물적 보상 ············································································· 311
제2항 생활보상 ··················································································· 313
제4절 보상결정 및 불복의 절차 ························································· 316
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충남대학교 법학전문대학원 교수
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미국 뉴욕주 변호사시험 합격
한국행정법학회 이사, 한국환경법학회 감사
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