일반행정법(1학기, 워크북포함)

임재홍 지음

한국방송통신대학교출판문화원 2024년 03월 01일 출간 종이책 : 2024년 01월 30일 출간

작품소개

책소개

『일반행정법』 1개정판을 출간한 지 5년이 지났다. 그 기간에 상당히 많은 법률의 제ㆍ개정이 있었다. 일일이 거론하기도 힘들 정도이다. 특히 「행정기본법」의 제정(2021년)은 일반행정법 전반에 걸치는 사안이다. 이 외에도 「행정절차법」을 포함한 다수의 법률이 개정되었다. 그래서 이번 개정판은 거의 전면 개정이라고 할 수 있을 정도로 상당한 변화가 있었다. 이 교재는 한국방송통신대학교 학생들이 행정법을 이해하는 데 도움이 되도록 집필하였다. 깊이 있는 학술적 접근보다는 우리 행정법에 대한 이해를 쉽게 할 수 있도록 하였다. 이러한 의도가 충분히 이루어지길 기대한다.

행정법은 난해한 과목이다. 행정법이 다루는 영역이 넓고 복잡하기 때문일 것이다. 수많은 법령이 존재하고, 판례가 누적되어 있다. 따라서 체계적인 이해가 무엇보다 중요하다. 멀티미디어 수업은 체계적인 이해에 꼭 필요한 부분임을 강조하고 싶다. 행정법은 기본적으로 공익법이다. 사익을 추구하는 시민사회의 개인과 달리 제3자의 입장에서 공익을 추구하는 국가행정에 관한 학문이다. 공동체의 유지를 위해 필요한 만큼 요구되는 것이 공익이다. 공익개념을 염두에 둔 행정법 이해를 권장한다.

목차

제1편 행정법 서론

제1장 행정법의 의의와 전개 _ 3
Ⅰ. 행정과 행정법 ····································································································· 4
Ⅱ. 행정법의 전개 ····································································································· 9
Ⅲ. 행정법과 민사법 ································································································ 15
Ⅳ. 통치행위 ············································································································ 19

제2장 행정법의 기본원리 _ 25
Ⅰ. 헌법과 행정법 ··································································································· 26
Ⅱ. 행정법의 기본원리 ···························································································· 29

제3장 행정법의 법원 _ 35
Ⅰ. 행정법의 법원의 개념 ······················································································· 36
Ⅱ. 행정법의 법원의 종류 ······················································································· 36

제4장 행정법관계 _ 61
Ⅰ. 행정상 법률관계의 의의와 종류 ······································································· 62
Ⅱ. 행정법관계의 당사자 ························································································· 65
Ⅲ. 공권과 공의무 ··································································································· 68
Ⅳ. 특별행정법관계(종래의 특별권력관계) ································································· 82
Ⅴ. 행정법관계와 사인 ···························································································· 87

제2편 일반행정작용법

제5장 행정입법 _ 93
Ⅰ. 행정입법 ············································································································ 94
Ⅱ. 법규명령 ············································································································ 97
Ⅲ. 행정규칙 ·········································································································· 112

제6장 행정행위 _ 133
Ⅰ. 행정행위의 개념 ······························································································ 134
Ⅱ. 행정행위의 종류 ······························································································ 137
Ⅲ. 행정행위의 부관 ······························································································ 173
Ⅳ. 행정행위의 성립과 효력 ················································································· 186
Ⅴ. 행정행위의 하자(흠) ························································································ 195
Ⅵ. 행정행위의 무효 ······························································································ 208
Ⅶ. 행정행위의 취소 _ 214
Ⅷ. 하자 없는 행정행위의 소멸 _ 222

제7장 행정계획 _ 229
Ⅰ. 행정계획의 의의와 법적 성질 ········································································ 230
Ⅱ. 행정계획의 종류와 절차 ················································································· 231
Ⅲ. 계획재량과 통제 ······························································································ 233
Ⅳ. 행정계획과 권리보호 ······················································································· 234

제8장 공법상 계약 _ 237
Ⅰ. 공법상 계약 일반론 ························································································ 238
Ⅱ. 공법상 계약의 특수성 ····················································································· 240

제9장 사실행위 _ 243
Ⅰ. 사실행위 ·········································································································· 244
Ⅱ. 행정지도 ·········································································································· 247

제10장 확약 _ 251
Ⅰ. 확약의 개념 ····································································································· 252
Ⅱ. 확약의 법적 성질 ···························································································· 252
Ⅲ. 확약의 근거와 요건 ························································································ 253
Ⅳ. 확약의 허용성과 한계 ····················································································· 254
Ⅴ. 확약의 효과 ····································································································· 255

제3편 행정과정법

제11장 행정절차법 _ 259
Ⅰ. 행정절차의 의의 ······························································································ 260
Ⅱ. 행정의 절차법 ································································································· 261
Ⅲ. 행정절차법의 주요 내용 ············································································· 265

제12장 행정정보법 _ 279
Ⅰ. 행정정보공개 ··································································································· 280
Ⅱ. 개인정보보호 ··································································································· 289

제13장 행정의 실효성 확보 _ 297
Ⅰ. 개설 ················································································································· 298
Ⅱ. 행정상 강제 ····································································································· 298
Ⅲ. 행정벌 ·············································································································· 307
Ⅳ. 새로운 의무이행확보수단 ················································································ 310

제4편 행정구제법

제14장 행정구제법 개설 _ 321
Ⅰ. 행정구제의 의의 ······························································································ 322
Ⅱ. 행정구제의 유형 ······························································································ 322
Ⅲ. 고충민원처리 ··································································································· 323
Ⅳ. 행정상 손해전보 ······························································································ 324

제15장 국가배상법 _ 327
Ⅰ. 국가배상 개설 ································································································· 328
Ⅱ. 우리나라의 국가배상제도 ················································································ 329
Ⅲ. 공무원의 직무상 손해배상책임 ······································································· 331
Ⅳ. 영조물책임 ······································································································· 342
Ⅴ. 국가배상의 청구절차 ······················································································· 347
Ⅵ. 공법상 결과제거청구권 ··················································································· 348

제16장 손실보상법 _ 349
Ⅰ. 행정상 손실보상의 의의와 근거 ····································································· 350
Ⅱ. 행정상 손실보상의 요건 ················································································· 358
Ⅲ. 행정상 손실보상의 기준, 내용 및 보상방법 ················································· 360
Ⅳ. 행정상 손실보상제도의 공백과 보완 ······························································ 367

제17장 행정심판법 _ 369
Ⅰ. 행정쟁송과 행정심판 ······················································································· 370
Ⅱ. 행정기본법상 처분에 대한 이의신청과 재심사 ·········································· 372
Ⅲ. 행정심판법상 행정심판제도 ········································································ 377

제18장 행정소송법 _ 403
Ⅰ. 행정소송 개설 ································································································· 404
Ⅱ. 행정소송의 한계 ······························································································ 406
Ⅲ. 행정소송의 종류 ······························································································ 409
Ⅳ. 항고소송 ·········································································································· 416
Ⅴ. 당사자소송 ······································································································· 444
Ⅵ. 민중소송 및 기관소송 ····················································································· 445

작가정보

저자(글) 임재홍

서울대학교 법과대학(학사)
서울대학교 대학원 법학과(석사)
인하대학교 대학원(법학박사)
현재: 한국방송통신대학교 법학과 교수
저서: 『인권법』(아카넷, 공저), 『개별행정법』(한국방송통신대학교출판문화원), 법학개론』(박영사, 공저) 등 다수
논문: 「The National Security Law and Anticommunist Ideology in Korean Society」, 「대학교원의 신분보장」, 「국가인권기구의 쟁점과 대안」, 「사립학교법의 위헌성과 교육개혁의 방향」, 「행정절차법상 처분기준의 설정 및 공표」 등 다수