경찰행정법 주관식 실력탄탄 2: 실전답안용(단문·사례)
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경찰행정법 주관식 실력탄탄 2: 실전답안용(단문·사례)
도서명 : 경찰행정법 주관식 실력탄탄 2: 실전답안용(단문·사례)
저자/출판사 : 강동호,저자,글,, 경찰공제회
쪽수 : 592쪽
출판일 : 2023-03-20
ISBN : 9788958192794
정가 : 40000
Ⅰ부:단문편
독학수험생들을 위한 행정법 입문편(기초이론)
실탄 격발 ★★★ 단문 40발
01. 행정청 부작위에 대한 권리구제········································24
02. 부작위위법확인소송··························································26
03. 무효등확인소송·································································28
04. (취소소송의) 대상적격·······················································30
05. (취소소송의) 원고적격·······················································32
06. (취소소송의) 협의의 소익··················································34
07. 특별권력관계(특별행정법관계) ··········································36
08. 확약···················································································38
09. 결과제거청구권·································································40
10. 개인적 공권(주관적 공권) ··················································42
11. 무하자재량행사청구권·······················································44
12. 행정소송의 한계(행정재판권의 한계) ································46
13. 공법상 계약·······································································48
14. 부관 ▶ 부관 case····························································50
15. 재량행위의 한계와 통제····················································56
16. 무효와 취소의 구별(비교) ··················································58
17. 하자의 승계·······································································60
18. 하자의 전환·······································································62
19. 하자치유와 전환(비교) ·······················································64
20. 경찰권 발동의 근거와 한계···············································66
21. 무기사용············································································68
22. 불심검문············································································70
23. 행정조사(경찰조사) ···························································72
24. 손실보상(손실보상청구권) ·················································74
25. 수용적･수용유사적침해이론··············································76
26. 희생보상이론(희생보상청구권) ··········································78
27. 행정의 새로운 의무이행 확보수단·····································80
28. 과징금···············································································82
29. 행정상 공표(명단공표, 위반사실의 공표) ···························84
30. 강제집행············································································86
31. 대집행(행정대집행) ▶대집행, 계고 case·························88
32. 이행강제금(집행벌) ···························································92
33. 직접강제············································································94
34. 공정력···············································································96
35. 구성요건적 효력과 선결문제 ▶선결문제 case·················98
36. 취소판결의 기속력··························································102
37. 간접강제··········································································104
38. 국가배상법 제2조의 국가배상청구권(성립요건) ··············106
39. 국가배상법 제5조의 배상책임(영조물 책임) ····················108
40. 국가배상법 제6조의 배상책임자·····································110
실탄 조준 ★★ 단문 15발
41. 청문·················································································114
42. 공청회·············································································116
43. 행정절차법상 처분절차 ▶절차상 하자 case·················118
44. 행정계획··········································································124
45. 행정상 사실행위······························································126
46. 준법률행위적 행정행위···················································128
47. 행정행위의 존속력··························································130
48. 의무이행심판···································································132
49. 법치행정의 원칙(법률적합성의 원칙) ······························134
50. 처분사유의 추가･변경·····················································136
51. 행정지도··········································································138
52. 행정규칙··········································································140
53. 법행과 행법 ▶별표 case···············································142
54. 행정개입청구권(경찰개입청구권) ····································146
55. 행정질서벌의 특수성(행정질서벌) ···································148
실탄 장전 ★ 단문 15발
56. 행정사법··········································································152
57. 행정법관계에 대한 사법규정 적용(행정법의 흠결과 보완)154
58. 제3자 경찰책임(경찰긴급권) ···········································156
59. 통치행위··········································································158
60. 예외적 승인(예외적 허가) ················································160
61. 특허(특허와 허가의 비교) ················································162
62. 형성적 행정행위······························································164
63. 원처분주의와 재결주의···················································166
64. 행정행위의 특수성(행정행위의 효력) ······························168
65. 행정심판법상 고지제도···················································170
66. 명령적 행정행위······························································172
67. 직권취소와 쟁송취소의 구별(비교) ··································174
68. 사인의 공법행위······························································176
69. 신고와 신청의 비교(구별) ················································178
70. 위험방지를 위한 출입·····················································180
공포탄 ★★★★ 사례용 단문 15발
01. 행정법의 일반원칙 case·················································184
02. 판단여지 case································································187
03. 정보공개 case································································188
04. 행정소송의 가구제(집행정지) case································192
05. 직권취소 case································································194
06. 행정재산 목적외 사용허가 case·····································197
07. 공무원 개인의 배상책임(선택적 청구) case···················198
08. 공무원 개인에 대한 국가의 구상권 case························199
09. 취소소송의 기판력과 후소의 국가배상청구소송 case····200
10. 자동차손해배상보장법의 국가배상청구권 case ··············201
11. 이중배상금지원칙 case··················································202
12. 공동불법행위자인 사인의 구상권 case··························203
13. 음주측정(사설도로･아파트 지하주차장) case················204
14. 경찰책임 case································································206
15. 즉시강제 case································································208
예비탄 예비용 단문 12발
01. 경찰책임의 승계······························································212
02. 단계적 행정결정······························································214
03. 위헌법률에 근거한 처분의 효력······································216
04. 행정행위의 개념······························································218
05. 무명항고소송···································································220
06. 당사자소송······································································221
07. 피고적격··········································································222
08. 강제징수··········································································223
09. 공급거부··········································································224
10. 보호조치··········································································226
11. 위험발생의 방지 등과 범죄의 예방･제지························228
12. 처분에 대한 이의신청 및 재심사·····································230
불발탄 불의타 단문 10발
※ 매년 이슈되는 불의타 단문 10개를 선정하여
시험 전 블로그에 ‘1페이지 요약자료’ 게시 예정
(https://blog.naver.com/israfil1983/223006433846)
Ⅱ부:사례편
독학수험생들을 위한 행정법 사례공략편(기본공식)
실탄 격발 ★★★★ 사례유형 15발
01. 특별권력관계 / 판단여지 case ·······································266
: 특별권력관계, 행정심판전치, 판단여지, 하자승계
02. 불심검문 / 무기사용 case ··············································274
: 불심검문, 무기사용, 국배법 제2조(작위),
국가의 구상권, 공무원의 배상책임(선택적 청구)
03. 국가배상 case ································································284
: 국배법 제2조(부작위), 국배법 제5조,
국배법 제2조와 제5조의 경합, 배상책임자
04. 행정조사 case ································································292
: 행정조사, 실력행사, 위법한 조사에 기초한 처분의 효력,
영장주의, 하명, 협의의 소익
05. 대집행, 계고 / 강제집행 case ········································302
: ① 반복계고, 철거명령과 계고의 동시가능성, 하자승계,
제재효과의 승계, ② 대집행, 하자승계, 실력행사, ③ 강제집행
(대집행･이행강제금･직접강제), 대집행(대체적 작위의무),
대집행에 대한 구제수단
06. 정보공개 / 집행정지 case ··············································326
: ① 비공개정보, 시민단체의 원고적격, 청구인의 권리구제,
공개결정전･후 권리구제, 집행정지, ② 비공개사유,
간접강제, 처분사유의 추가･변경, 법무부령의 비공개사유
07. 부관 / 행정재산 목적외 사용 case ·································342
: 행정재산 목적외 사용허가, 사후부관,
부관의 가능성과 한계, 부관의 독립쟁송･취소가능성
08. 절차상 하자 / 부작위에 대한 구제수단 case ··················350
: ① 행정청 부작위에 대한 권리구제수단, 절차상 하자(청문),
경찰권 발동의 한계(경찰책임･비례원칙)
② 절차상 하자(이유제시･의견제출), 절차상 하자의
치유가능성과 한계, 절차상 하자의 독자적 위법성
09. 행정계획 / 취소판결의 기속력 case ·······························366
: 취소소송의 적법요건(대원소피), 계획보장청구권,
절차상 하자, 형량하자, 취소판결의 기속력
10. 별표 / 직권취소 / 철회 case ··········································374
: 법규명령형식의 행정규칙, 직권취소, 주체상 하자,
행정입법의 통제방법, 철회, 신뢰보호원칙
11. 희생보상이론 / 수용적침해이론 /
경찰권 발동의 한계 / 즉시강제 case ·····························384
: ① 희생보상이론, 경찰권 발동의 한계(경찰공공･비례원칙),
손실보상, ② 법률유보원칙, 자기구속･신뢰보호･비례원칙,
즉시강제의 요건과 한계, 수용적침해이론
12. 행정지도 / 경과실 공무원 / 법령해석 하자 case···········402
: 행정지도(취소소송의 적법요건, 국가배상법 제2조),
경과실 공무원, 법령해석의 하자, 이중배상금지
13. 공무원 임용결격 / 직위해제(협의의 소익) case ·············412
: 공무원 임용결격, 당연퇴직 발령통지, 하자의 치유･전환,
신뢰보호원칙, 직위해제(협의의 소익)
14. 경찰권 발동의 한계(음주측정) case ·······························420
: 경찰권 발동의 한계(사설도로에서 음주측정),
경찰권 발동의 한계(아파트 주차장에서 음주측정)
15. 경찰책임 / 제3자 경찰책임 / 경찰책임의 승계 /
손실보상 case·······························································426
: 경찰책임, 비용상환청구권, 제3자 경찰책임, 손실보상,
제재사유의 승계, 공법인의 경찰책임
실탄 조준 ★★★ 사례 유형 5발
16. 예외적 승인과 허가 / 신고와 신청 / 거부처분 /
예방적금지소송 / 확인의 이익 case ······························438
: 예외적 승인, 예방적금지소송, 거부처분, 사전통지,
신고와 신청, 수리의 효력, 확인의 이익
17. 경업자소송 / 경원자소송 / 사정판결 /
원처분주의와 재결주의 case·········································448
: 경업자소송, 경원자소송, 사정판결, 원처분주의와 재결주의
18. 주민소송 / 공정력 / 형사법원과 선결문제 case············456
: 무효와 취소의 구별기준, 공정력, 형사법원과 선결문제,
취소판결과 기속력, 원고적격(제3자, 주민소송)
19. 법령보충적 행정규칙 / 취소소송의 기판력과 국가배상 /
직권취소의 취소 / 민사법원과 선결문제 case ···············466
: 행정규칙형식의 법규명령, 취소소송의 기판력과 국가배상,
민사법원과 선결문제, 가중적 제재처분과 협의의 소익,
직권취소의 취소
20. 자배법 / 이중배상금지 / 공동불법행위자인
사인의 구상권 case ·······················································476
: 자배법상 배상책임(공적운행･사적운행)
공동불법행위자인 사인의 구상권, 이중배상금지
실탄 장전 ★★ 사례 유형 5발
21. 실권의 법리 / 성실의무원칙 /
일반처분(대상적격･원고적격) case ·······························484
: 실권의법리, 신뢰보호원칙, 성실의무원칙, 비례원칙,
일반처분(대상적격･원고적격)
22. 경찰권 발동의 한계 / 불문경고 / 과징금 / 공표 case ···490
: 경찰권 발동의 한계, 일반적수권조항, 경찰공공･비례원칙,
불문경고, 과징금, 공표
23. 행정개입청구권과 구제수단 case ···································498
: 행정개입청구권과 구제수단(행정심판, 행정소송, 국가배상)
24. 통치행위 / 무하자재량행사청구권 / 확약 case ··············506
: 통치행위, 집행정지, 가처분, 무하자재량행사청구권, 확약
25. 뉴스와 드라마 속 행정법 사례(특별편) ····························516
: 뉴스(가수 유OO), 드라마(이상한 변호사 우OO)
불발탄 불의타 사례 2발
01. 행정심판전치주의 case(미수록)(23년 기출)
02. 원처분주의와 재결주의 case(미수록)(23년 기출)
Ⅲ부: 부록편
1. 사례 유형별 목차···················································526
2. 경감승진 & 경간부 기출논점 연습······················538
3. 답안작성 실전연습(모의고사 5회분)···················553
4. 주관식 고득점 답안작성 Tip································566
5. 시험 당일 컨디션 관리 Tip···································568
6. 경찰행정법(주관식) 기출 분석·····························572
7. 중요 단문･사례 20선············································573
8. 자주 물어보는 질문 Q&A·····································576
9. 시험정보 미리보기················································577
10. 답안지 양식(객관식･주관식)·······························578
◈실탄 시리즈 연계 목차◈
실탄1의 목차는 〈행정법의 테마별〉로 구성되어 있고,
실탄2의 목차는 〈중요도순〉으로 구성되어 있습니다.
수험생들이 실탄 시리즈를 〈연계 학습〉하는데 참고할 수 있도록,
〈행정법의 테마별〉로 구성되어 있는 실탄1 목차에 〈실탄2 단문 및 사례용〉을 표기하였습니다.
실탄 시리즈 학습에 활용하시기 바랍니다.
Ⅰ. 행정법의 기초이론 / 행정입법
01. 법치행정의 원칙(법률적합성의 원칙) [실탄2] 단문 49 : 134쪽
02. 법률유보의 원칙 [실탄2] 사례용 : 134쪽
03. 행정법의 일반원칙 [실탄2] 사례용 : 184쪽
04. 부당결부금지의 원칙 [실탄2] 사례용 : 184쪽
05. 자기구속의 원칙 [실탄2] 사례용 : 184쪽
06. 신뢰보호의 원칙 [실탄2] 사례용 : 184쪽
07. 비례의 원칙 [실탄2] 사례용 : 184쪽
08. 공법관계와 사법관계(공･사법의 구별) : 19년 기출단문
09. 행정사법 [실탄2] 단문 56 : 152쪽
10. 행정법에 대한 사법규정 적용 [실탄2] 단문 57 : 154쪽
11. 사인의 공법행위 [실탄2] 단문 68 : 176쪽
12. 사인의 공법행위로서의 신고 : 21년 기출단문
13. 신고와 신청의 비교(구별) [실탄2] 단문 69 : 178쪽
14. 개인적 공권 [실탄2] 단문 10 : 42쪽
15. 무하자재량행사청구권 [실탄2] 단문 11 : 44쪽
16. 행정개입청구권(경찰개입청구권) [실탄2] 단문 54 : 146쪽
17. 특별권력관계(특별행정법관계) [실탄2] 단문 07 : 36쪽
18. 통치행위 [실탄2] 단문 59 : 158쪽
19. 공무수탁사인 : 20년 기출단문
20. 법규명령 : 12년 기출단문
21. 행정규칙 [실탄2] 단문 52 : 140쪽
22. 훈령
23. 법규명령 형식의 행정규칙 [실탄2] 사례용 : 142쪽
24. 행정규칙 형식의 법규명령 [실탄2] 단문 : 42쪽
25. 법행과 행법 [실탄2] 단문 : 142쪽
Ⅱ. 행정행위 / 그 밖의 행정의 행위형식
26. 행정행위의 개념 [실탄2] 예비탄 04 : 218쪽
27. 일반처분 : 13년 기출단문
28. 행정행위의 특수성(행정행위의 효력) [실탄2] 단문 64 : 168쪽
29. 기속행위와 재량행위(한계와 통제) [실탄2] 단문 15 : 56쪽
30. (불확정 개념과) 판단여지 [실탄2] 사례용 : 187쪽
31. 복효적 행정행위(제3자효 행정행위) : 16년 기출단문
32. 명령적 행정행위 [실탄2] 단문 66 : 172쪽
33. 하명(경찰하명) : 16년 기출단문
34. 허가(경찰허가) : 21년 기출단문
35. 예외적 승인(예외적 허가) [실탄2] 단문 60 : 160쪽
36. 형성적 행정행위 [실탄2] 단문 62 : 164쪽
37. 특허 [실탄2] 단문 61 : 162쪽
38. 허가와 특허의 구별 [실탄2] 단문 61 : 162쪽
39. 준법률행위적 행정행위 [실탄2] 단문 46 : 128쪽
40. 공정력과 구성요건적 효력 [실탄2] 단문 34. 35 : 96, 98쪽
41. 행정행위의 존속력 [실탄2] 단문 47 : 130쪽
42. 행정행위의 하자 일반론
43. 행정행위의 무효와 취소(구별) [실탄2] 단문 16 : 58쪽
44. 위헌법률에 근거한 처분의 효력 [실탄2] 예비탄 03 : 216쪽
45. 하자의 치유 [실탄2] 단문 19 : 64쪽
46. 하자의 전환 [실탄2] 단문 18 : 62쪽
47. 하자의 승계 [실탄2] 단문 17 : 60쪽
48. 직권취소 [실탄2] 사례용 : 194쪽
49. 직권취소와 쟁송취소의 비교 [실탄2] 단문 67 : 174쪽
50. 철회 [실탄2] 사례용 : 194쪽
51. 직권취소와 철회의 비교
52. 부관의 가능성과 한계 [실탄2] 단문 14 : 50쪽
53. 부관의 종류과 한계 [실탄2] 단문 14 : 50쪽
54. 하자있는 부관에 대한 쟁송 [실탄2] 사례용 : 50쪽
55. 부담 : 10년 기출단문
56. 단계적 행정결정 [실탄2] 예비탄 02 : 214쪽
57. 확약 [실탄2] 단문 08 : 38쪽
58. 행정계획 [실탄2] 단문 44 : 124쪽
59. 행정의 자동결정(자동적 처분) : 22년 기출단문
60. 공법상 계약 [실탄2] 단문 13 : 48쪽
61. 행정상 사실행위 [실탄2] 단문 45 : 126쪽
62. 행정지도 [실탄2] 단문 51 : 138쪽
Ⅲ. 행정절차법 / 정보공개법
63. 행정절차법상 처분절차 [실탄2] 단문 43 : 120쪽
64. 이유제시(이유부기) [실탄2] 사례용 : 120쪽
65. 사전통지와 의견제출 [실탄2] 사례용 : 120쪽
66. 청문 [실탄2]단문 41 : 114쪽
67. 공청회 [실탄2]단문 42 : 116쪽
68. 정보공개청구권 [실탄2] 사례용 : 188쪽
Ⅳ. 행정의 실효성 확보수단
69. 강제집행 [실탄2] 단문 30 : 86쪽
70. 행정대집행(대집행) [실탄2] 단문 31 : 88쪽
71. 강제징수 [실탄2] 예비탄 08 : 223쪽
72. 이행강제금(집행벌) [실탄2] 단문 32 : 92쪽
73. 직접강제 [실탄2] 단문 33 : 94쪽
74. 즉시강제 [실탄2] 사례용 : 208쪽
75. 행정벌(경찰벌) : 19년 기출단문(행정형벌과 행정질서벌의 비교)
76. 행정형벌 : 19년 기출단문(행정형벌과 행정질서벌의 비교)
77. 행정질서벌(행정질서벌의 특수성) [실탄2] 단문 55 : 148쪽
78. 행정의 새로운 의무이행 확보수단 [실탄2] 단문 27 : 80쪽
79. 행정상 공표 [실탄2] 단문 29 : 84쪽
80. 과징금 [실탄2] 단문 28 : 82쪽
81. 공급거부 [실탄2] 예비탄 09 : 224쪽
82. 행정조사(행정조사의 한계와 구제) [실탄2] 단문 23 : 72쪽
Ⅴ. 행정쟁송
83. 행정소송의 한계(행정재판권의 한계) [실탄2] 단문 12 : 46쪽
84. 의무이행심판 [실탄2] 단문 48 : 132쪽
85. 무효등확인소송 [실탄2] 단문 03 : 28쪽
86. 부작위위법확인소송 [실탄2] 단문 02 : 26쪽
87. 무명항고소송 [실탄2] 예비탄 05 : 220쪽
88. 당사자소송 [실탄2] 예비탄 06 : 221쪽
89. 원처분주의와 재결주의 [실탄2] 단문 63 : 166쪽
90. (취소소송의) 대상적격 [실탄2] 단문 04 : 30쪽
91. (취소소송의) 원고적격 [실탄2] 단문 05 : 32쪽
92. (취소소송의) 협의의 소익 [실탄2] 단문 06 : 34쪽
93. (취소소송의) 피고적격 [실탄2] 예비탄 07 : 222쪽
94. (취소소송의) 제소기간
95. 행정심판전치주의
96. 처분사유의 추가, 변경 [실탄2] 단문 50 : 136쪽
97. 가구제(집행정지와 가처분) [실탄2] 사례용 : 192쪽
98. 행정청의 부작위에 대한 권리구제 [실탄2] 단문 01 : 24쪽
99. 거부처분에 대한 권리구제
100. 사정판결 [실탄2] 사례용 : 448쪽
101. 취소판결의 기속력 [실탄2] 단문 36 : 102쪽
102. 행정쟁송법상 간접강제 [실탄2] 단문 37 : 104쪽
103. 취소판결의 기판력(판결의 확정력) [실탄2] 사례용 : 200쪽
104. 행정심판의 재결(재결의 종류)
105. 재결의 기속력
106. 행정심판의 재처분의무 실효성 확보
107. 행정심판의 고지제도 [실탄2] 단문 65 : 170쪽
Ⅵ. 행정상 손해전보
108. 국가배상법 제2조의 국가배상청구권 [실탄2] 단문 38 : 106쪽
109. 국가배상법 제2조의 성질 [실탄2] 사례용 : 198~203쪽
110. 법령해석 하자와 공무원의 과실 [실탄2] 사례용 : 402쪽
111. 국가배상법 제5조의 배상책임 [실탄2] 단문 39 : 108쪽
112. 국가배상법 제6조의 비용부담자 [실탄2] 단문 40 : 110쪽
113. 국가배상법상 배상책임자 [실탄2] 단문 40 : 110쪽
114. 이중배상금지의 원칙 [실탄2] 사례용 : 202쪽
115. 손실보상(손실보상청구권) [실탄2] 단문 24 : 74쪽
116. 수용유사적 침해이론 [실탄2] 단문 25 : 76쪽
117. 수용적 침해이론 [실탄2] 단문 25 : 76쪽
118. 희생보상이론(희생보상청구권) [실탄2] 단문 26 : 78쪽
119. 결과제거청구권 [실탄2] 단문 09 : 40쪽
Ⅶ. 경찰행정법
120. 경찰권 발동의 근거 [실탄2] 단문 20 : 66쪽
121. 경찰권 발동의 한계 [실탄2] 단문 20 : 66쪽
122. 일반적수권조항 : 06년 기출단문
123. 경찰책임의 원칙 [실탄2] 사례용 : 206쪽
124. 경찰책임의 승계 [실탄2] 예비탄 01 : 212쪽
125. 제3자 경찰책임(경찰긴급권) [실탄2] 단문 58 : 156쪽
126. 불심검문 [실탄2] 단문 22 : 70쪽
127. 무기사용 [실탄2] 단문 21 : 68쪽
128. 위험방지를 위한 출입 [실탄2] 단문 70 : 180쪽
129. 보호조치 [실탄2] 예비탄 10 : 226쪽
130. 위험발생방지와 범죄의 예방･제지 [실탄2] 예비탄 11 : 228쪽
도서명 : 경찰행정법 주관식 실력탄탄 2: 실전답안용(단문·사례)
저자/출판사 : 강동호,저자,글,, 경찰공제회
쪽수 : 592쪽
출판일 : 2023-03-20
ISBN : 9788958192794
정가 : 40000
Ⅰ부:단문편
독학수험생들을 위한 행정법 입문편(기초이론)
실탄 격발 ★★★ 단문 40발
01. 행정청 부작위에 대한 권리구제········································24
02. 부작위위법확인소송··························································26
03. 무효등확인소송·································································28
04. (취소소송의) 대상적격·······················································30
05. (취소소송의) 원고적격·······················································32
06. (취소소송의) 협의의 소익··················································34
07. 특별권력관계(특별행정법관계) ··········································36
08. 확약···················································································38
09. 결과제거청구권·································································40
10. 개인적 공권(주관적 공권) ··················································42
11. 무하자재량행사청구권·······················································44
12. 행정소송의 한계(행정재판권의 한계) ································46
13. 공법상 계약·······································································48
14. 부관 ▶ 부관 case····························································50
15. 재량행위의 한계와 통제····················································56
16. 무효와 취소의 구별(비교) ··················································58
17. 하자의 승계·······································································60
18. 하자의 전환·······································································62
19. 하자치유와 전환(비교) ·······················································64
20. 경찰권 발동의 근거와 한계···············································66
21. 무기사용············································································68
22. 불심검문············································································70
23. 행정조사(경찰조사) ···························································72
24. 손실보상(손실보상청구권) ·················································74
25. 수용적･수용유사적침해이론··············································76
26. 희생보상이론(희생보상청구권) ··········································78
27. 행정의 새로운 의무이행 확보수단·····································80
28. 과징금···············································································82
29. 행정상 공표(명단공표, 위반사실의 공표) ···························84
30. 강제집행············································································86
31. 대집행(행정대집행) ▶대집행, 계고 case·························88
32. 이행강제금(집행벌) ···························································92
33. 직접강제············································································94
34. 공정력···············································································96
35. 구성요건적 효력과 선결문제 ▶선결문제 case·················98
36. 취소판결의 기속력··························································102
37. 간접강제··········································································104
38. 국가배상법 제2조의 국가배상청구권(성립요건) ··············106
39. 국가배상법 제5조의 배상책임(영조물 책임) ····················108
40. 국가배상법 제6조의 배상책임자·····································110
실탄 조준 ★★ 단문 15발
41. 청문·················································································114
42. 공청회·············································································116
43. 행정절차법상 처분절차 ▶절차상 하자 case·················118
44. 행정계획··········································································124
45. 행정상 사실행위······························································126
46. 준법률행위적 행정행위···················································128
47. 행정행위의 존속력··························································130
48. 의무이행심판···································································132
49. 법치행정의 원칙(법률적합성의 원칙) ······························134
50. 처분사유의 추가･변경·····················································136
51. 행정지도··········································································138
52. 행정규칙··········································································140
53. 법행과 행법 ▶별표 case···············································142
54. 행정개입청구권(경찰개입청구권) ····································146
55. 행정질서벌의 특수성(행정질서벌) ···································148
실탄 장전 ★ 단문 15발
56. 행정사법··········································································152
57. 행정법관계에 대한 사법규정 적용(행정법의 흠결과 보완)154
58. 제3자 경찰책임(경찰긴급권) ···········································156
59. 통치행위··········································································158
60. 예외적 승인(예외적 허가) ················································160
61. 특허(특허와 허가의 비교) ················································162
62. 형성적 행정행위······························································164
63. 원처분주의와 재결주의···················································166
64. 행정행위의 특수성(행정행위의 효력) ······························168
65. 행정심판법상 고지제도···················································170
66. 명령적 행정행위······························································172
67. 직권취소와 쟁송취소의 구별(비교) ··································174
68. 사인의 공법행위······························································176
69. 신고와 신청의 비교(구별) ················································178
70. 위험방지를 위한 출입·····················································180
공포탄 ★★★★ 사례용 단문 15발
01. 행정법의 일반원칙 case·················································184
02. 판단여지 case································································187
03. 정보공개 case································································188
04. 행정소송의 가구제(집행정지) case································192
05. 직권취소 case································································194
06. 행정재산 목적외 사용허가 case·····································197
07. 공무원 개인의 배상책임(선택적 청구) case···················198
08. 공무원 개인에 대한 국가의 구상권 case························199
09. 취소소송의 기판력과 후소의 국가배상청구소송 case····200
10. 자동차손해배상보장법의 국가배상청구권 case ··············201
11. 이중배상금지원칙 case··················································202
12. 공동불법행위자인 사인의 구상권 case··························203
13. 음주측정(사설도로･아파트 지하주차장) case················204
14. 경찰책임 case································································206
15. 즉시강제 case································································208
예비탄 예비용 단문 12발
01. 경찰책임의 승계······························································212
02. 단계적 행정결정······························································214
03. 위헌법률에 근거한 처분의 효력······································216
04. 행정행위의 개념······························································218
05. 무명항고소송···································································220
06. 당사자소송······································································221
07. 피고적격··········································································222
08. 강제징수··········································································223
09. 공급거부··········································································224
10. 보호조치··········································································226
11. 위험발생의 방지 등과 범죄의 예방･제지························228
12. 처분에 대한 이의신청 및 재심사·····································230
불발탄 불의타 단문 10발
※ 매년 이슈되는 불의타 단문 10개를 선정하여
시험 전 블로그에 ‘1페이지 요약자료’ 게시 예정
(https://blog.naver.com/israfil1983/223006433846)
Ⅱ부:사례편
독학수험생들을 위한 행정법 사례공략편(기본공식)
실탄 격발 ★★★★ 사례유형 15발
01. 특별권력관계 / 판단여지 case ·······································266
: 특별권력관계, 행정심판전치, 판단여지, 하자승계
02. 불심검문 / 무기사용 case ··············································274
: 불심검문, 무기사용, 국배법 제2조(작위),
국가의 구상권, 공무원의 배상책임(선택적 청구)
03. 국가배상 case ································································284
: 국배법 제2조(부작위), 국배법 제5조,
국배법 제2조와 제5조의 경합, 배상책임자
04. 행정조사 case ································································292
: 행정조사, 실력행사, 위법한 조사에 기초한 처분의 효력,
영장주의, 하명, 협의의 소익
05. 대집행, 계고 / 강제집행 case ········································302
: ① 반복계고, 철거명령과 계고의 동시가능성, 하자승계,
제재효과의 승계, ② 대집행, 하자승계, 실력행사, ③ 강제집행
(대집행･이행강제금･직접강제), 대집행(대체적 작위의무),
대집행에 대한 구제수단
06. 정보공개 / 집행정지 case ··············································326
: ① 비공개정보, 시민단체의 원고적격, 청구인의 권리구제,
공개결정전･후 권리구제, 집행정지, ② 비공개사유,
간접강제, 처분사유의 추가･변경, 법무부령의 비공개사유
07. 부관 / 행정재산 목적외 사용 case ·································342
: 행정재산 목적외 사용허가, 사후부관,
부관의 가능성과 한계, 부관의 독립쟁송･취소가능성
08. 절차상 하자 / 부작위에 대한 구제수단 case ··················350
: ① 행정청 부작위에 대한 권리구제수단, 절차상 하자(청문),
경찰권 발동의 한계(경찰책임･비례원칙)
② 절차상 하자(이유제시･의견제출), 절차상 하자의
치유가능성과 한계, 절차상 하자의 독자적 위법성
09. 행정계획 / 취소판결의 기속력 case ·······························366
: 취소소송의 적법요건(대원소피), 계획보장청구권,
절차상 하자, 형량하자, 취소판결의 기속력
10. 별표 / 직권취소 / 철회 case ··········································374
: 법규명령형식의 행정규칙, 직권취소, 주체상 하자,
행정입법의 통제방법, 철회, 신뢰보호원칙
11. 희생보상이론 / 수용적침해이론 /
경찰권 발동의 한계 / 즉시강제 case ·····························384
: ① 희생보상이론, 경찰권 발동의 한계(경찰공공･비례원칙),
손실보상, ② 법률유보원칙, 자기구속･신뢰보호･비례원칙,
즉시강제의 요건과 한계, 수용적침해이론
12. 행정지도 / 경과실 공무원 / 법령해석 하자 case···········402
: 행정지도(취소소송의 적법요건, 국가배상법 제2조),
경과실 공무원, 법령해석의 하자, 이중배상금지
13. 공무원 임용결격 / 직위해제(협의의 소익) case ·············412
: 공무원 임용결격, 당연퇴직 발령통지, 하자의 치유･전환,
신뢰보호원칙, 직위해제(협의의 소익)
14. 경찰권 발동의 한계(음주측정) case ·······························420
: 경찰권 발동의 한계(사설도로에서 음주측정),
경찰권 발동의 한계(아파트 주차장에서 음주측정)
15. 경찰책임 / 제3자 경찰책임 / 경찰책임의 승계 /
손실보상 case·······························································426
: 경찰책임, 비용상환청구권, 제3자 경찰책임, 손실보상,
제재사유의 승계, 공법인의 경찰책임
실탄 조준 ★★★ 사례 유형 5발
16. 예외적 승인과 허가 / 신고와 신청 / 거부처분 /
예방적금지소송 / 확인의 이익 case ······························438
: 예외적 승인, 예방적금지소송, 거부처분, 사전통지,
신고와 신청, 수리의 효력, 확인의 이익
17. 경업자소송 / 경원자소송 / 사정판결 /
원처분주의와 재결주의 case·········································448
: 경업자소송, 경원자소송, 사정판결, 원처분주의와 재결주의
18. 주민소송 / 공정력 / 형사법원과 선결문제 case············456
: 무효와 취소의 구별기준, 공정력, 형사법원과 선결문제,
취소판결과 기속력, 원고적격(제3자, 주민소송)
19. 법령보충적 행정규칙 / 취소소송의 기판력과 국가배상 /
직권취소의 취소 / 민사법원과 선결문제 case ···············466
: 행정규칙형식의 법규명령, 취소소송의 기판력과 국가배상,
민사법원과 선결문제, 가중적 제재처분과 협의의 소익,
직권취소의 취소
20. 자배법 / 이중배상금지 / 공동불법행위자인
사인의 구상권 case ·······················································476
: 자배법상 배상책임(공적운행･사적운행)
공동불법행위자인 사인의 구상권, 이중배상금지
실탄 장전 ★★ 사례 유형 5발
21. 실권의 법리 / 성실의무원칙 /
일반처분(대상적격･원고적격) case ·······························484
: 실권의법리, 신뢰보호원칙, 성실의무원칙, 비례원칙,
일반처분(대상적격･원고적격)
22. 경찰권 발동의 한계 / 불문경고 / 과징금 / 공표 case ···490
: 경찰권 발동의 한계, 일반적수권조항, 경찰공공･비례원칙,
불문경고, 과징금, 공표
23. 행정개입청구권과 구제수단 case ···································498
: 행정개입청구권과 구제수단(행정심판, 행정소송, 국가배상)
24. 통치행위 / 무하자재량행사청구권 / 확약 case ··············506
: 통치행위, 집행정지, 가처분, 무하자재량행사청구권, 확약
25. 뉴스와 드라마 속 행정법 사례(특별편) ····························516
: 뉴스(가수 유OO), 드라마(이상한 변호사 우OO)
불발탄 불의타 사례 2발
01. 행정심판전치주의 case(미수록)(23년 기출)
02. 원처분주의와 재결주의 case(미수록)(23년 기출)
Ⅲ부: 부록편
1. 사례 유형별 목차···················································526
2. 경감승진 & 경간부 기출논점 연습······················538
3. 답안작성 실전연습(모의고사 5회분)···················553
4. 주관식 고득점 답안작성 Tip································566
5. 시험 당일 컨디션 관리 Tip···································568
6. 경찰행정법(주관식) 기출 분석·····························572
7. 중요 단문･사례 20선············································573
8. 자주 물어보는 질문 Q&A·····································576
9. 시험정보 미리보기················································577
10. 답안지 양식(객관식･주관식)·······························578
◈실탄 시리즈 연계 목차◈
실탄1의 목차는 〈행정법의 테마별〉로 구성되어 있고,
실탄2의 목차는 〈중요도순〉으로 구성되어 있습니다.
수험생들이 실탄 시리즈를 〈연계 학습〉하는데 참고할 수 있도록,
〈행정법의 테마별〉로 구성되어 있는 실탄1 목차에 〈실탄2 단문 및 사례용〉을 표기하였습니다.
실탄 시리즈 학습에 활용하시기 바랍니다.
Ⅰ. 행정법의 기초이론 / 행정입법
01. 법치행정의 원칙(법률적합성의 원칙) [실탄2] 단문 49 : 134쪽
02. 법률유보의 원칙 [실탄2] 사례용 : 134쪽
03. 행정법의 일반원칙 [실탄2] 사례용 : 184쪽
04. 부당결부금지의 원칙 [실탄2] 사례용 : 184쪽
05. 자기구속의 원칙 [실탄2] 사례용 : 184쪽
06. 신뢰보호의 원칙 [실탄2] 사례용 : 184쪽
07. 비례의 원칙 [실탄2] 사례용 : 184쪽
08. 공법관계와 사법관계(공･사법의 구별) : 19년 기출단문
09. 행정사법 [실탄2] 단문 56 : 152쪽
10. 행정법에 대한 사법규정 적용 [실탄2] 단문 57 : 154쪽
11. 사인의 공법행위 [실탄2] 단문 68 : 176쪽
12. 사인의 공법행위로서의 신고 : 21년 기출단문
13. 신고와 신청의 비교(구별) [실탄2] 단문 69 : 178쪽
14. 개인적 공권 [실탄2] 단문 10 : 42쪽
15. 무하자재량행사청구권 [실탄2] 단문 11 : 44쪽
16. 행정개입청구권(경찰개입청구권) [실탄2] 단문 54 : 146쪽
17. 특별권력관계(특별행정법관계) [실탄2] 단문 07 : 36쪽
18. 통치행위 [실탄2] 단문 59 : 158쪽
19. 공무수탁사인 : 20년 기출단문
20. 법규명령 : 12년 기출단문
21. 행정규칙 [실탄2] 단문 52 : 140쪽
22. 훈령
23. 법규명령 형식의 행정규칙 [실탄2] 사례용 : 142쪽
24. 행정규칙 형식의 법규명령 [실탄2] 단문 : 42쪽
25. 법행과 행법 [실탄2] 단문 : 142쪽
Ⅱ. 행정행위 / 그 밖의 행정의 행위형식
26. 행정행위의 개념 [실탄2] 예비탄 04 : 218쪽
27. 일반처분 : 13년 기출단문
28. 행정행위의 특수성(행정행위의 효력) [실탄2] 단문 64 : 168쪽
29. 기속행위와 재량행위(한계와 통제) [실탄2] 단문 15 : 56쪽
30. (불확정 개념과) 판단여지 [실탄2] 사례용 : 187쪽
31. 복효적 행정행위(제3자효 행정행위) : 16년 기출단문
32. 명령적 행정행위 [실탄2] 단문 66 : 172쪽
33. 하명(경찰하명) : 16년 기출단문
34. 허가(경찰허가) : 21년 기출단문
35. 예외적 승인(예외적 허가) [실탄2] 단문 60 : 160쪽
36. 형성적 행정행위 [실탄2] 단문 62 : 164쪽
37. 특허 [실탄2] 단문 61 : 162쪽
38. 허가와 특허의 구별 [실탄2] 단문 61 : 162쪽
39. 준법률행위적 행정행위 [실탄2] 단문 46 : 128쪽
40. 공정력과 구성요건적 효력 [실탄2] 단문 34. 35 : 96, 98쪽
41. 행정행위의 존속력 [실탄2] 단문 47 : 130쪽
42. 행정행위의 하자 일반론
43. 행정행위의 무효와 취소(구별) [실탄2] 단문 16 : 58쪽
44. 위헌법률에 근거한 처분의 효력 [실탄2] 예비탄 03 : 216쪽
45. 하자의 치유 [실탄2] 단문 19 : 64쪽
46. 하자의 전환 [실탄2] 단문 18 : 62쪽
47. 하자의 승계 [실탄2] 단문 17 : 60쪽
48. 직권취소 [실탄2] 사례용 : 194쪽
49. 직권취소와 쟁송취소의 비교 [실탄2] 단문 67 : 174쪽
50. 철회 [실탄2] 사례용 : 194쪽
51. 직권취소와 철회의 비교
52. 부관의 가능성과 한계 [실탄2] 단문 14 : 50쪽
53. 부관의 종류과 한계 [실탄2] 단문 14 : 50쪽
54. 하자있는 부관에 대한 쟁송 [실탄2] 사례용 : 50쪽
55. 부담 : 10년 기출단문
56. 단계적 행정결정 [실탄2] 예비탄 02 : 214쪽
57. 확약 [실탄2] 단문 08 : 38쪽
58. 행정계획 [실탄2] 단문 44 : 124쪽
59. 행정의 자동결정(자동적 처분) : 22년 기출단문
60. 공법상 계약 [실탄2] 단문 13 : 48쪽
61. 행정상 사실행위 [실탄2] 단문 45 : 126쪽
62. 행정지도 [실탄2] 단문 51 : 138쪽
Ⅲ. 행정절차법 / 정보공개법
63. 행정절차법상 처분절차 [실탄2] 단문 43 : 120쪽
64. 이유제시(이유부기) [실탄2] 사례용 : 120쪽
65. 사전통지와 의견제출 [실탄2] 사례용 : 120쪽
66. 청문 [실탄2]단문 41 : 114쪽
67. 공청회 [실탄2]단문 42 : 116쪽
68. 정보공개청구권 [실탄2] 사례용 : 188쪽
Ⅳ. 행정의 실효성 확보수단
69. 강제집행 [실탄2] 단문 30 : 86쪽
70. 행정대집행(대집행) [실탄2] 단문 31 : 88쪽
71. 강제징수 [실탄2] 예비탄 08 : 223쪽
72. 이행강제금(집행벌) [실탄2] 단문 32 : 92쪽
73. 직접강제 [실탄2] 단문 33 : 94쪽
74. 즉시강제 [실탄2] 사례용 : 208쪽
75. 행정벌(경찰벌) : 19년 기출단문(행정형벌과 행정질서벌의 비교)
76. 행정형벌 : 19년 기출단문(행정형벌과 행정질서벌의 비교)
77. 행정질서벌(행정질서벌의 특수성) [실탄2] 단문 55 : 148쪽
78. 행정의 새로운 의무이행 확보수단 [실탄2] 단문 27 : 80쪽
79. 행정상 공표 [실탄2] 단문 29 : 84쪽
80. 과징금 [실탄2] 단문 28 : 82쪽
81. 공급거부 [실탄2] 예비탄 09 : 224쪽
82. 행정조사(행정조사의 한계와 구제) [실탄2] 단문 23 : 72쪽
Ⅴ. 행정쟁송
83. 행정소송의 한계(행정재판권의 한계) [실탄2] 단문 12 : 46쪽
84. 의무이행심판 [실탄2] 단문 48 : 132쪽
85. 무효등확인소송 [실탄2] 단문 03 : 28쪽
86. 부작위위법확인소송 [실탄2] 단문 02 : 26쪽
87. 무명항고소송 [실탄2] 예비탄 05 : 220쪽
88. 당사자소송 [실탄2] 예비탄 06 : 221쪽
89. 원처분주의와 재결주의 [실탄2] 단문 63 : 166쪽
90. (취소소송의) 대상적격 [실탄2] 단문 04 : 30쪽
91. (취소소송의) 원고적격 [실탄2] 단문 05 : 32쪽
92. (취소소송의) 협의의 소익 [실탄2] 단문 06 : 34쪽
93. (취소소송의) 피고적격 [실탄2] 예비탄 07 : 222쪽
94. (취소소송의) 제소기간
95. 행정심판전치주의
96. 처분사유의 추가, 변경 [실탄2] 단문 50 : 136쪽
97. 가구제(집행정지와 가처분) [실탄2] 사례용 : 192쪽
98. 행정청의 부작위에 대한 권리구제 [실탄2] 단문 01 : 24쪽
99. 거부처분에 대한 권리구제
100. 사정판결 [실탄2] 사례용 : 448쪽
101. 취소판결의 기속력 [실탄2] 단문 36 : 102쪽
102. 행정쟁송법상 간접강제 [실탄2] 단문 37 : 104쪽
103. 취소판결의 기판력(판결의 확정력) [실탄2] 사례용 : 200쪽
104. 행정심판의 재결(재결의 종류)
105. 재결의 기속력
106. 행정심판의 재처분의무 실효성 확보
107. 행정심판의 고지제도 [실탄2] 단문 65 : 170쪽
Ⅵ. 행정상 손해전보
108. 국가배상법 제2조의 국가배상청구권 [실탄2] 단문 38 : 106쪽
109. 국가배상법 제2조의 성질 [실탄2] 사례용 : 198~203쪽
110. 법령해석 하자와 공무원의 과실 [실탄2] 사례용 : 402쪽
111. 국가배상법 제5조의 배상책임 [실탄2] 단문 39 : 108쪽
112. 국가배상법 제6조의 비용부담자 [실탄2] 단문 40 : 110쪽
113. 국가배상법상 배상책임자 [실탄2] 단문 40 : 110쪽
114. 이중배상금지의 원칙 [실탄2] 사례용 : 202쪽
115. 손실보상(손실보상청구권) [실탄2] 단문 24 : 74쪽
116. 수용유사적 침해이론 [실탄2] 단문 25 : 76쪽
117. 수용적 침해이론 [실탄2] 단문 25 : 76쪽
118. 희생보상이론(희생보상청구권) [실탄2] 단문 26 : 78쪽
119. 결과제거청구권 [실탄2] 단문 09 : 40쪽
Ⅶ. 경찰행정법
120. 경찰권 발동의 근거 [실탄2] 단문 20 : 66쪽
121. 경찰권 발동의 한계 [실탄2] 단문 20 : 66쪽
122. 일반적수권조항 : 06년 기출단문
123. 경찰책임의 원칙 [실탄2] 사례용 : 206쪽
124. 경찰책임의 승계 [실탄2] 예비탄 01 : 212쪽
125. 제3자 경찰책임(경찰긴급권) [실탄2] 단문 58 : 156쪽
126. 불심검문 [실탄2] 단문 22 : 70쪽
127. 무기사용 [실탄2] 단문 21 : 68쪽
128. 위험방지를 위한 출입 [실탄2] 단문 70 : 180쪽
129. 보호조치 [실탄2] 예비탄 10 : 226쪽
130. 위험발생방지와 범죄의 예방･제지 [실탄2] 예비탄 11 : 228쪽
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