제1편 행정조직법

제01장 일반론 / 14
제1절 개 설 ·········································································································· 14
Ⅰ. 서 설 ···································································································· 14
Ⅱ. 행정조직의 유형 ·················································································· 14
Ⅲ. 행정조직의 기본원리 ··········································································· 15
제2절 행정기관 ····································································································· 17
Ⅰ. 서 설 ···································································································· 17
Ⅱ. 행정기관의 종류 ·················································································· 18
제3절 행정청의 권한 ···························································································· 24
Ⅰ. 서 설 ···································································································· 24
Ⅱ. 권한의 한계 ························································································· 24
Ⅲ. 권한의 효과 ························································································· 25
제4절 행정청의 권한의 대리와 위임 ···································································· 26
제1항 권한의 대리 ·························································································· 26
Ⅰ. 서 설 ···································································································· 26
Ⅱ. 권한대리의 종류 ·················································································· 27
Ⅲ. 대리권의 행사방식 ·············································································· 28
Ⅳ. 대리권 행사의 효과 ············································································ 29
Ⅴ. 대리권의 소멸 ····················································································· 30
Ⅵ. 권한의 복대리 ····················································································· 30
제2항 권한의 위임 ·························································································· 31
Ⅰ. 서 설 ···································································································· 31
Ⅱ. 유사개념과의 구별 ·············································································· 32
Ⅲ. 위임의 근거 ························································································· 33
Ⅳ. 위임의 한계 ························································································· 35
Ⅴ. 위임의 효과 ························································································· 36
Ⅵ. 내부위임 ······························································································ 38
Ⅶ. 비용부담 ······························································································ 41
Ⅷ. 권한 위임의 종료 ················································································ 41
Ⅸ. ·행정권한의 위임 및 위탁에 관한 규정·········································· 42
제5절 행정관청 상호간의 관계 ············································································· 43
Ⅰ. 상급관청의 감독권한 ··········································································· 43
Ⅱ. 대등행정관청 간의 관계 ····································································· 47
제02장 국가행정조직법 / 50
Ⅰ. 대통령 ·································································································· 51
Ⅱ. 국무회의 ······························································································ 52
Ⅲ. 국무총리 ······························································································ 52
Ⅳ. 국가행정조직법의 법원 ······································································· 54
제03장 자치행정조직법 / 55
제1절 개 설 ·········································································································· 55
Ⅰ. 지방자치행정의 의의 ··········································································· 55
Ⅱ. 지방자치제도의 본질 ··········································································· 55
Ⅲ. 지방자치의 법원(法源) ········································································ 56
Ⅳ. 지방자치단체 ······················································································· 56
Ⅴ. 주 민 ···································································································· 66
제2절 지방자치단체의 권한 ·················································································· 85
Ⅰ. 법적 근거 ····························································································· 85
Ⅱ. 지방자치단체의 사무범위 ··································································· 88
Ⅲ. 조례제정권 ··························································································· 96
제3절 지방자치단체의 기관 ················································································ 126
Ⅰ. 지방의회 ···························································································· 126
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Ⅱ. 지방자치단체의 집행기관 ································································· 132
제4절 국가와 지방자치단체 간의 관계 ······························································· 136
Ⅰ. 입법적 관여 ······················································································· 136
Ⅱ. 사법적 관여 ······················································································· 136
Ⅲ. 행정적 관여 ······················································································· 136
Ⅳ. 지방자치단체 간의 협력과 분쟁조정 ··············································· 147
Ⅴ. 지방자치단체의 특별기관：교육감 ··················································· 149
제04장 공무원법 / 153
제1절 개 설 ········································································································ 153
Ⅰ. 공무원의 개념 ··················································································· 153
Ⅱ. 공무원의 종류 ··················································································· 153
Ⅲ. 직업공무원제 ····················································································· 155
제2절 공무원관계의 발생·변경·소멸 ······························································· 157
Ⅰ. 공무원관계의 발생 ············································································ 157
Ⅱ. 공무원관계의 변경 ············································································ 163
Ⅲ. 공무원관계의 소멸 ············································································ 170
제3절 공무원의 권리·의무 및 책임 ·································································· 180
Ⅰ. 공무원의 권리 ··················································································· 180
Ⅱ. 공무원의 의무 ··················································································· 191
Ⅲ. 공무원의 징계책임 ············································································ 208
Ⅳ. 변상책임 ···························································································· 229
Ⅴ. 민·형사책임 ····················································································· 232

제2편 특별 행정작용법

제01장 경찰행정법 / 236
제1절 개 설 ········································································································ 236
Ⅰ. 경찰의 개념 ······················································································· 236
Ⅱ. 경찰의 종류 ······················································································· 237
Ⅲ. 경찰의 조직 ······················································································· 240
제2절 경찰권의 근거와 한계 ·············································································· 243
제1항 경찰권의 근거 ···················································································· 243
Ⅰ. 서 설 ·································································································· 243
Ⅱ. 특별경찰법상 특별수권 ····································································· 243
Ⅲ. 일반경찰법상 특별수권 ····································································· 247
Ⅳ. 일반경찰법상 개괄적(일반적) 수권조항(개괄조항·일반조항) ······· 269
Ⅴ. 손실보상 ···························································································· 272
제2항 경찰권의 한계 ···················································································· 273
Ⅰ. 서 설 ·································································································· 273
Ⅱ. 법규상의 한계 ··················································································· 274
Ⅲ. 조리상의 한계 ··················································································· 274
제3절 경찰책임 ··································································································· 278
Ⅰ. 서 설 ·································································································· 278
Ⅱ. 경찰책임의 주체 ················································································ 278
Ⅲ. 경찰책임의 유형 ················································································ 280
Ⅳ. 경찰책임의 승계 ················································································ 284
Ⅴ. 경찰상 긴급상태(제3자에 대한 경찰권 발동·경찰책임의 예외) ·· 284
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제02장 급부행정법 / 286
제1절 개 설 ········································································································ 286
Ⅰ. 서 설 ·································································································· 286
Ⅱ. 급부행정의 종류 ················································································ 286
Ⅲ. 급부행정의 기본원칙 ········································································ 287
제2절 공급행정 ··································································································· 289
제1항 공물법 ································································································· 289
Ⅰ. 서 설 ·································································································· 289
Ⅱ. 공물의 성립 ······················································································· 291
Ⅲ. 공물의 소멸 ······················································································· 296
Ⅳ. 공물의 법률적 특색 ·········································································· 299
Ⅴ. 공물관리권과 공물경찰권 ································································· 305
Ⅵ. 공물의 사용관계 ················································································ 307
제2항 공기업법 ······························································································ 333
Ⅰ. 서 설 ·································································································· 333
Ⅱ. 공기업의 법률적 특색 ······································································· 335
Ⅲ. 공기업의 이용관계 ············································································ 338
Ⅳ. 특허기업 ···························································································· 341
제3절 사회보장행정 ···························································································· 345
Ⅰ. 서 설 ·································································································· 345
Ⅱ. 사회보장행정의 내용 ········································································ 346
제4절 조성행정 ··································································································· 365
Ⅰ. 서 설 ·································································································· 365
Ⅱ. 자금조성행정 ····················································································· 365
Ⅲ. 사권보호행정 ····················································································· 368
제03장 규제행정법 / 369
제1절 토지규제행정법 ························································································· 369
제1항 토지행정계획 ······················································································ 369
Ⅰ. 국토계획 ···························································································· 369
Ⅱ. 도시·군계획 ····················································································· 370
제2항 토지의 거래규제 등 ··········································································· 389
Ⅰ. 토지거래계약허가제 ·········································································· 389
Ⅱ. 공시지가제 ························································································· 396
Ⅲ. 개발이익환수제 ·················································································· 403
제3항 토지의 이용규제 ················································································· 406
제2절 환경규제행정법 ························································································· 407
Ⅰ. 서 설 ·································································································· 407
Ⅱ. 환경행정법의 기본원칙 ····································································· 408
Ⅲ. 환경기준 ···························································································· 409
Ⅳ. 자연환경의 보전 ················································································ 410
Ⅴ. 환경영향평가제 ·················································································· 412
Ⅵ. 사후적 환경규제조치 ········································································ 421
Ⅶ. 환경분쟁에 대한 권리구제 ······························································· 424
제04장 공용부담법 / 432
제1절 개 설 ········································································································ 432
Ⅰ. 공용부담의 개념 ················································································ 432
Ⅱ. 공용부담의 근거 ················································································ 433
Ⅲ. 공용부담의 종류 ················································································ 433
제2절 인적 공용부담 ·························································································· 434
Ⅰ. 종 류 ·································································································· 434
Ⅱ. 부담금(負擔金) ·················································································· 434
Ⅲ. 노역(勞役)·물품(物品) ····································································· 438
contents
Ⅳ. 부역(夫役)·현품(現品) ····································································· 438
Ⅴ. 시설부담(施設負擔) ··········································································· 439
Ⅵ. 부작위부담(不作爲負擔) ···································································· 439
제3절 물적 공용부담 ·························································································· 440
제1항 공용수용 ······························································································ 440
Ⅰ. 서 설 ·································································································· 440
Ⅱ. 공용수용의 당사자 ············································································ 441
Ⅲ. 공용수용의 목적물 ············································································ 442
Ⅳ. 공익사업의 준비 ················································································ 446
Ⅴ. 공용수용의 절차 ················································································ 447
Ⅵ. 공용수용의 효과 ················································································ 463
Ⅶ. 환매권 ································································································ 465
제2항 공용제한 ······························································································ 477
Ⅰ. 서 설 ·································································································· 477
Ⅱ. 공용제한의 근거 ················································································ 477
Ⅲ. 공용제한의 유형 ················································································ 477
제3항 공용환지·공용환권 ··········································································· 479
Ⅰ. 공용환지 ···························································································· 479
Ⅱ. 공용환권 ···························································································· 488
제05장 재무행정법 / 490
제1절 개 설 ········································································································ 490
Ⅰ. 서 설 ·································································································· 490
Ⅱ. 재정법의 기본원칙 ············································································ 491
Ⅲ. 재정의 내용(재정작용) ······································································ 491
제2절 조 세 ········································································································ 493
Ⅰ. 서 설 ·································································································· 493
Ⅱ. 조세의 부과·징수·소멸 ································································· 500
Ⅲ. 조세행정상의 권리구제 ····································································· 513
제3절 회계(會計) ································································································ 524
Ⅰ. 서 설 ·································································································· 524
Ⅱ. 현금회계 ···························································································· 525
Ⅲ. 물품회계 ···························································································· 533
제06장 군사행정법 / 541
제1절 개 설 ········································································································ 541
Ⅰ. 군사행정의 개념 ················································································ 541
Ⅱ. 군사행정의 기본원칙 ········································································ 541
제2절 군정조직 ··································································································· 543
Ⅰ. 군정기관 ···························································································· 543
Ⅱ. 군공무원 ···························································································· 543
제3절 군정작용 ··································································································· 544
Ⅰ. 군사관리작용 ····················································································· 544
Ⅱ. 군사권력작용 ····················································································· 544