국민들이 국가나 지방자치단체 소속 공무원의 불법행위나 영조물의 설치나 관리 하자로 피해를 당한 경우에 어떻게 국가소송을 준비하고 대처하여야 하는지를 국가소송의 실무적 관점에서 자세히 알려주는 안내자 내지 지침서다. 서울고등검찰청에서 국가소송을 담당하는 소송사무 제1과장과 행정소송을 담당하는 소송사무 제2과장의 송무업무 근무경험을 토대로 집필되었다.

 

제1장 국가소송
제1절 국가소송 절차
1. 국가소송의 의의 ·············································································· 3
2. 국가소송 지휘체계 ··········································································· 5
제2절 민사소송절차
1. 민사소송의 기초개념 ····································································· 11
2. 소송실무 서면작성·제출 방법 ······················································· 11
제2장 국가소송의 수행
제1절 소제기 절차
1. 소제기〔본안〕··················································································· 23
2. 보전처분의 신청 ············································································ 27
3. 반소 ································································································· 33
4. 지급명령 ························································································· 35
제2절 응소
1. 응소절차 ························································································· 37
2. 소송참가 및 소송고지 ··································································· 40
제3절 소송의 진행
1. 소장부본의 접수 ············································································ 45
2. 소송수행안내문 ·············································································· 45
3. 소송수행자지정 ·············································································· 46
4. 답변서와 준비서면 ········································································· 46
5. 쟁점정리 기일의 진행 ··································································· 52
6. 변론기일의 진행 ············································································ 53
7. 증거제출과 증거조사 ····································································· 55
제4절 제1심 종료와 상소심
1. 소송의 종료 ···················································································· 63
2. 상소심 절차 ···················································································· 74
3. 판결확정 후 조치 ·········································································· 78
4. 구상권 행사 ···················································································· 80
5. 재심 ································································································· 82
6. 소송수행해태 ·················································································· 84
제5절 문서 작성례
1. 별지서식 ························································································· 85
2. 각종 양식 예시 ·············································································· 85
[서식 예] 이행권고결정에 대한 이의신청서 ····································· 87
[서식 예] 이의신청서 ········································································· 88
[서식 예] 변론재개신청서 ·································································· 89
[서식 예] 소취하부동의서 ·································································· 90
[서식 예] 국가배상소송 소장 ···························································· 91
[서식 예] 기타 소장 ··········································································· 93
[서식 예] 청구취지 예시 ···································································· 95
[서식 예] 당사자표시정정신청서 ······················································· 96
[서식 예] 답변서 ················································································· 97
[서식 예] 답변서 ················································································· 98
[서식 예] 답변서 ··············································································· 100
[서식 예] 답변서 ··············································································· 102
[서식 예] 준비서면 ··········································································· 104
[서식 예] 준비서면 ··········································································· 105
[서식 예] 준비서면 ··········································································· 106
[서식 예] 증인신청서 ······································································· 107
[서식 예] 증인진술서 ······································································· 108
[서식 예] 증인신청서(증인신문방식) ··············································· 110
[서식 예] 증인여비포기서 ································································ 112
[서식 예] 문서등본부촉탁신청서 ····················································· 113
[서식 예] 사실조회신청서 ································································ 114
[서식 예] 현장검증신청서 ································································ 116
[서식 예] 현장검증 및 감정신청서 ··············································· 117
[서식 예] 감정신청서(무인) ····························································· 118
[서식 예] 신체감정신청서 ································································ 119
[서식 예] 문서제출명령신청서 ························································· 121
[서식 예] 항소장 ··············································································· 122
[서식 예] 상고장 ··············································································· 124
[서식 예] 답변서 ··············································································· 126
제3장 손해배상소송실무
제1절 개요
1. 개념 ······························································································· 129
2. 소송수행 중 착안사항 ································································· 141
제2절 사건유형별 검토
1. 수사기관 직무관련 손해배상 ······················································ 144
2. 군대 관련 손해배상 ····································································· 157
3. 교도관 직무관련 손해배상 ·························································· 158
4. 법원 관련 손해배상 ····································································· 163
5. 과거사 인권침해 손해배상 ·························································· 164
6. 도로의 설치 및 관리상 하자로 인한 손해배상 ······················· 171
7. 항공기 소음 관련 손해배상 ························································ 179
8. 각종 집회 및 시위 관련 손해배상 ············································· 187
9. 의료, 보건, 국가의 연구기관 관련 손해배상 ···························· 189
제4장 부동산소송실무
제1절 개요
제2절 사건유형별 검토
1. 소유권 확인소송 ·········································································· 193
2. 소유권보존등기 말소소송 ···························································· 206
3. 부동산 점유취득시효소송 ···························································· 212
4. 등기부 취득시효소송 ··································································· 222
제5장？？사해행위취소
제1절 개요
1. 개념 ······························································································· 229
2. 소송요건 ······················································································· 229
제2절 소송사례
1. 입증사항 ······················································································· 232
2. 유의사항 ······················································································· 233
부록
▣ 국가배상법 ··················································································· 241
▣ 소송촉진법 ··················································································· 249
▣ 민사소송법 ··················································································· 261
▣ 민사소송 등에서의 전자문서 이용 등에 관한 법률 ················· 361