도서 소개

50점 문제를 500점으로 풀어 놓은 교재는 이제 그만! 행정법에서 포섭의 3박자를 활용하여, 설문내용과 판례의 논거 그리고 참조조문을 활용한 최소분량의 답안지를 보여 준다. 최근 5개년 행정법 기출사례와 중요한 추가문제를 통하여 행정법 사례문제의 논리적 구성에 대한 이해를 바탕으로, 실전답안지를 구성하는 완벽한 논리를 제시한다.

  출판사 리뷰

“통일된 행정법 사례풀이 공식을 배우다!”

① 행정법 사례공식의 완벽한 구현
아직도 ‘법적 성질’을 쓰는 이유를 모르고 사례집을 단순 암기하고 있다면, 이제는 행정법의 사례공식을 익히고, 마치 수학문제 풀 듯이 사례풀이의 논리 & 맥락을 이해해야 할 때입니다.

② 행정법 사례풀이 어디까지 써야 할까?
50점 문제를 500점으로 풀어 놓은 교재는 이제 그만! 행정법에서 포섭의 3박자를 활용하여, 설문내용과 판례의 논거 그리고 참조조문을 활용한 최소분량의 답안지를 보여 드립니다.

③ 사례문제의 논리적 구조와 이해 실전적 답안지
최근 5개년 행정법 기출사례와 중요한 추가문제를 통하여 행정법 사례문제의 논리적 구성에 대한 이해를 바탕으로, 실전답안지를 구성하는 완벽한 논리를 제시합니다.

  작가 소개

지은이 : 박도원
1) 약력 - 경희대학교 법과대학 졸업- 경희대학교 법과대학 대학원(석사) 수료(행정법전공)- 現) 윌비스 한림법학원 행정법 전임교수- 現) 해커스변호사 행정법 전임교수2) 저서- [변호사] 행정법 선택형 정지문 핸드북- [변호사] 행정법 핵심지문 총정리- [변호사/5급 공채] TRS 행정법 쟁점답안지- [변호사/5급 공채] TRS 행정법 사례답안지- [5급 공채] 행정법 실전논점 암기장- [5급 공채] 행정법 기출사례분석- [5급 공채] 행정법 판례&사례 연습- [변호사] 행정법 최근 3개년 중요판례- [변호사] 행정법 변호사시험 기출문제집(선택형)

  목차

제 1 편 | 행정법 서설
001 행정개입청구권 ········································································································································································ 8
002 사인의 공법행위의 하자 ····················································································································································· 10
003 영업자 지위승계신고와 제재사유의 승계 ····················································································································· 12

제 2 편 | 일반 행정작용법
004 법규명령형식의 행정규칙의 법적 성질 ························································································································· 16
005 법령보충적 행정규칙의 법적 성질 ·································································································································· 27
006 행정계획의 법적 성질 ························································································································································· 34
007 계획변경청구권 인정 여부 ················································································································································· 37
008 재량행위의 사법심사방식 ·················································································································································· 44
009 강학상 허가와 예외적 승인 ··············································································································································· 57
010 민사법원과 선결문제 : 행정행위의 효력 부인 가능성 ······························································································ 66
011 형사법원과 선결문제 : 행정행위의 위법성 확인 가능성 ························································································· 68
012 하자승계 ·················································································································································································· 70
013 사전결정의 구속력 ······························································································································································· 79
014 행정지도 ·················································································································································································· 83
015 위법한 행정조사가 후행 행정행위에 미치는 영향 ····································································································· 88
016 행정대집행 ·············································································································································································· 96
017 명단공표 ·················································································································································································· 99
018 행정절차법의 적용 범위 ·················································································································································· 103
019 거부처분과 사전통지 ························································································································································ 114
020 입찰참가자격 제한과 사전통지 ····································································································································· 118
021 의견청취절차 : 청문 ························································································································································· 122
022 인·허가의제제도(집중효) ················································································································································ 127

제 3 편 | 행정구제법
023 국가배상법 제2조 공무원의 의미 ································································································································· 136
024 국가배상법 제2조 책임 : 고의 또는 과실 ·················································································································· 140
025 부작위에 대한 국가배상 ·················································································································································· 143
026 배상책임자 ··········································································································································································· 145
027 생활보상 ··············································································································································································· 148
028 손해전보제도의 흠결과 보완 : 예방접종 국가보상 ································································································ 149
029 행정심판인 이의신청과 행정심판이 아닌 이의신청 ······························································································· 156
030 행정심판법상 가구제 ························································································································································ 162
031 재결의 형식과 효력 ··························································································································································· 165
032 고지제도 ··············································································································································································· 173
033 예방적 금지소송 ································································································································································· 179
034 적극적 변경명령재결의 경우 소의 대상과 기산점 ·································································································· 192
CONTENTS 목차
035 인인소송 ··············································································································································································· 204
036 단체소송 ··············································································································································································· 217
037 처분의 효력이 소멸한 경우 ············································································································································ 226
038 원상회복이 불가능한 경우 ·············································································································································· 230
039 보다 실효적인 권리구제절차가 있는 경우 ················································································································· 235
040 필요적 행정심판전치주의 ··············································································································································· 241
041 일부취소판결 가능성 ························································································································································ 245
042 위법판단의 기준시 ···························································································································································· 250
043 기속력 ···················································································································································································· 253
044 재처분의무와 간접강제 ···················································································································································· 256
045 기판력 ···················································································································································································· 268
046 공법상 당사자소송 ···························································································································································· 276

제 4 편 | 개별 행정작용법
제 1 장 | 행정조직법
047 일반조항에 근거한 권한의 위임과 재위임 ················································································································· 282
제 2 장 | 지방자치법
048 주민소송 ··············································································································································································· 288
049 조례의 적법성 ····································································································································································· 291
050 조례의 통제 ········································································································································································· 300
051 지방자치단체의 단체장에 대한 통제 ··························································································································· 304
제 3 장 | 공무원법
052 결격사유 있는 공무원 임용의 효력 ······························································································································ 313
053 공무원관계의 변동 : 직위해제 ······································································································································ 317
054 징계의 종류와 내용 ··························································································································································· 325
제 4 장 | 공적 시설법
055 도로의 일반사용과 특별사용 ········································································································································· 328
056 행정재산의 목적 외 사용 ················································································································································· 335
제 5 장 | 공용부담법
057 공용수용을 위한 요건으로서 공공필요와 수용에 대한 불복수단 ······································································ 338
058 잔여지수용청구와 거부재결에 대한 권리구제 ········································································································· 352
제 6 장 | 개발행정법
059 표준지공시지가 ·································································································································································· 355
제 7 장 | 환경행정법
060 환경영향평가의 하자와 사업계획승인처분의 효력 ································································································ 359

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