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

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