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황변과 함께하는 로스쿨면접 Q 세트(2018)

  • 황정현
  • |
  • 법률저널
  • |
  • 2017-09-10 출간
  • |
  • 1페이지
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  • 206x260
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  • ISBN 9788963363059
★★★★★ 평점(10/10) | 리뷰(1)
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출판사서평

 『이 책의 목표는 면접에 나올만한 모든 주제를 담는 것이 아니라, 

면접장에서 무엇이 나오든 답할 수 있는 사고를 만드는 데 있습니다.』 
면접 교재를 쓰는 일은 언제나 힘든 작업이란 생각이 듭니다. 방대한 내용을 정리하는 것도 어려운 일이지만, 이 책을 보실 분들의 합격에 조금이라도 도움이 되어야 한다는 부담감이 작업 내내 머리를 떠나지 않습니다. 책을 탈고한 이 순간에도 뭔가 부족하고 뭔가 더 손을 봐야하는 것 아닌가 하는 조바심이 듭니다. 
법률저널과 함께했던 첫 작업에서 로스쿨이 입학 전형과 면접시험의 변화가 많다보니 그 어느 때보다 신경이 쓰였습니다. 또 법률저널과 함께하는 첫 작업인 점도 적지 않은 부담으로 다가왔습니다. 그럼에도 정말 많은 분들의 배려와 도움으로 개정판을 완성하게 되었습니다. 
이번 개정판에서 중점적으로 보강한 부분은 크게 네 가지입니다. 
첫째, 작년 강의를 바탕으로 수험생들에게 반드시 필요한 부분을 좀 더 보강했습니다. 수험생들이 로스쿨면접의 전반을 이해하기 쉽도록 로스쿨 관련 정보와 합격생들의 노하우를 더 정확히 담도록 노력했습니다. 특히 정보를 좀더 효율적으로 볼 수 있도록 시각화 하는 작업에 공을 들였습니다. 
둘째, 법학의 기초 지식과 연관된 시사이슈를 한 틀에서 준비할 수 있도록 구성하였습니다. 로스쿨 면접은 법학 지식을 측정하기 위한 시험은 아니지만 면접관들은 수험생들의 법적 추론 능력을 보고자 합니다. 이를 위해 이 책에서는 기초적인 법학 지식과 함께 사회적으로 주목받은 판결이나 쟁점들을 보다 쉽게 정리하였습니다. 아울러 입학 후에도 도움이 될 수 있도록 법학부분의 내용을 체계적으로 보강하였습니다. 
셋째, 법조윤리와 윤리적 딜레마 영역을 더욱 내실화했습니다. 블라인드로 진행 될 로스쿨 면접에서는 개인적인 신상질문 보다는 인성 질문의 비중이 높아질 것으로 예상됩니다. 이러한 경향에 맞춰 인성문제에 활용도가 높은 법조윤리와 윤리적 딜레마 영역을 보강했습니다. 특히 메가로이어스에서 법조윤리를 강의하고 있는 변호사로서 좀 더 재밌고 쉽게 법조윤리 지식을 익힐 수 있도록 구성하였습니다. 
넷째, 제시문 문제를 대비하기 위해 「생각더하기」 항목을 대폭 강화했습니다. 최근 로스쿨들이 길고 까다로운 제시문을 통해 독해능력과 통합적 사고력을 묻는 문제를 출제하고 있습니다. 이를 대비하기 위해 「생각더하기」에 좀 더 많은 내용을 담았습니다. 아울러 모의면접 문제로 활용할 수 있도록 질문을 구성해 놓았습니다. 책의 양을 늘린 점이 조금 마음에 걸리지만, 시험을 앞두고 관련 지문을 찾으러 다니는 수험생들의 수고를 덜고 싶었습니다. 
아울러 꼭 말씀드리고 싶은 것은, 이 책에는 많은 법조인, 언론인 그리고 각 분야의 전문가들의 글과 기사가 인용되어 있습니다. 원칙적으로 모든 문장에 인용표시를 기재해야하나 교재로서의 기능을 유지하기 위해서 간략하게 ‘출처’를 소개하는 것으로 편집했습니다. 이 자리를 통해서 원저자님들께 양해의 말씀을 드리겠습니다. 아울러 책을 만들면서 훌륭하신 분들의 글을 통해 조금 더 성장할 수 있었음에 감사의 말씀을 드리겠습니다. 
강의를 하는 지금도 로스쿨 합격의 비법은 모르겠습니다. 다만 한발 먼저 로스쿨 입시를 경험한 사람으로서 기출 관련 정보를 분석하고 많은 합격생의 조언을 모아서 제시하는 것이 수험생들에게는 가장 효과적인 대비법이 될 것이라 생각합니다. 이 책은 저자를 비롯하여 많은 합격생들의 경험과 지식을 모은 책이라 할 수 있습니다. 학문적 깊이나 내용의 전문성은 여타 면접 관련 서적에 비해 부족할 수 있지만, 직접 시험을 준비하고 겪어 본 사람이 고민하여 만든 책인 만큼 좀 더 실용적인 가이드북이 될 것이라 생각합니다. 
최근 들어 로스쿨에 대한 부정적인 전망이 그 어느 때보다 많이 들려오는 것 같습니다. 그러나 자신의 확고한 꿈이 법조인이라면 주변 분위기에 상관하지 말고 최선을 다해 면접시험을 준비하시길 바랍니다. 로스쿨 입시는 운이 좋아야 한다는 사람도 있고, 어차피 합격할 수 있는 사람은 정해져 있다고 말하는 사람도 있습니다. 그렇다 
고 여러분의 미래를 운에만 맡길 수는 없습니다. 저는 행운도 열심히 노력하는 사람에게 먼저 찾아올 것이라고 믿습니다. 지금부터라도 자신의 열정과 능력을 모두 쏟아 내셨으면 합니다. 저자처럼 부족한 사람도 로스쿨을 나와서 변호사가 되었다는 사실을 잊지 마시길 바랍니다. 
많은 수험생들이 면접시험을 부담스럽게 생각합니다. 그러나 준비하고 노력한 사람은 어려운 상황에서도 반드시 길을 찾아낼 수 있습니다. 이미 수험생 여러분의 내면에 가득 차 있는 지식과 열정을 잘 다듬어서 면접장에서 보여 주면 반드시 좋은 결과가 올 것이라 확신합니다. 부디 이 책을 보는 모든 수험생들과 수업을 듣는 수강생들을 법정에서 만나길 기원하겠습니다. 물론 판사, 검사 그리고 변호사로만....^^ 

2017년 8월 황 정 현 변호사 올림 

** 
무엇보다 감사드리고 싶은 사람들은 제 수업을 들어 준 학생들입니다. 강사로서 부족한 부분을 그 분들과 함께한 시간을 통해 채워갈 수 있었습니다. 합격한 후에도 선생님의 책을 채워주기 위해 노력해 준 우리 패밀리들에게 지면을 통해 감사의 마음을 전한다.(이 책의 기출문제는 우리 패밀리들의 노력과 정성으로 채워졌습니다. 매년 우리 패밀리들에게 정말 과분한 보답을 받는 것 같습니다. 우리 패밀리들과 법조계에서 만날 날을 고대해 봅니다!) 
특히, 올해는 홍정현 후배가 곁에 있어줘서 작업하는 내내 큰 힘을 얻을 수 있었습니다. 작년보다 이 책이 보기좋아졌다면 그건 정현이의 노력의 결실일겁니다. 책 구석구석 정현이와 함께 보낸 시간이 담겨 있는 듯합니다. 
어떻게 보면 정현이는 올해 『로스쿨 면접Q』의 공동저자입니다. 
선생님과의 의리를 지키기 위해 바쁜 와중에도 최선을 다해 책을 만든 태림이와 서정이의 노력도 잊지 않겠습니다. 
함량 미달이었던 저자를 뽑아서 변호사로 만들어 주신 모교의 교수님들 덕분에 이나마 책을 쓸 수 있었다. 특히 지도교수이신 이재목 원장님께 감사한 마음을 전하고 싶습니다. 
올해부터 함께 하게 된 법률저널의 이성진 팀장님, 이명신 팀장님 그리고 김수연 선생님, 이 분들의 도움이 없었으면 책은 아직도 제 노트북에 있었을 듯합니다. 
항상 곁에서 함께 고민해 주시고 조언해 주시는 조호현 선생님과 부족한 저자를 면접 강사로 만들기 위해 노력해 주시는 메가로스쿨과 메가로이어스의 임직원 분들께도 고마움을 전합니다. (특히 책 광고까지 신경 써 주신 한유나 원장님, 정동수 부원장님, 정인 선생님, 김성우 선생님 그리고 김상우 원장님, 염지연 선생님, 박종인 원장님, 황슬기 부원장님, 한준희 대리님, 이다은 선생님, 박현희 선생님)무엇보다도 학원 강의를 위해 저자의 일정을 배려해 주신 법무법인 성진의 김용일 변호사님과 이길운 변호사님께 지면을 통해 존경의 뜻을 전하고 싶다. 

그리고 항상 제 마음 속에 있는 소중한 분들에게 감사를^^ 
초판부터 고생해준 한혁규 변호사님, 신동훈 변호사, 박지혜 변호사, 변호사로 잘 나가고 있는 은혜로 충만한 우리 자매님들^^, 그다지 애정은 없지만 로스쿨 공부할 때부터 곁에 있던 일등 브라더 무리들, 함께 3년을 버틴 기숙사 황파라인과 청주 자매단. 
이제 같은 법무법인에서 선배의 부족함을 메워주고 있는 ‘운명 공동체’ 최웅구 변호사와 정동주 변호사 (우리 두 후배님이 없었으면 강의도 책도 불가능 했을 것 같다.) 
남편을 변호사로 만든 것도 부족해 책 쓴다고 자신의 16년 회사 생활의 노하우를 쏟아내 준 사랑하는 아내와, 바쁜 아빠를 잘 이해해주는 두 아들 준경이와 준서, 동생을 변호사로 만든 존경하는 황창선 변호사님과 더욱 존경하는 형수님, 그리고 언제나 죄송스러운 장모님과 못난 아들 땜에 아직도 맘고생하시는 아버지, 어머니.......... 
이 모든 분들을 위해서라도 매순간 부끄럽지 않게 최선을 다하며 살겠다.^^

목차

01

PART01 / 로스쿨 면접,

어떻게 준비할 것인가?

chapter 01 로스쿨 면접이란 ···············································16

01 로스쿨 면접이란 ············································16

02 2018학년 면접시험의 변화와 전망 ················16

03 2017학년도 입시 결과 분석 ·························18

chapter 02 면접 진행 과정 ·················································22

01 서류전형 ·······················································22

02 서류전형 주의사항 ·········································23

03 심층면접 ······················································24

chapter 03 면접 전략 ··························································28

01 면접시험 준비 노하우 ····································28

02 스터디 ···························································37

03 면접당일 이렇게 하자! ···································44

chapter 04 심층면접 분석과 대비 ······································50

01 심층면접 출제경향과 전망 ·····························50

02 지성문제 ·······················································51

03 지성문제 접근방법 ·········································54

04 인성문제 ·······················································69

chapter 05 커뮤니케이션 스킬 ···········································72

01 면접과 커뮤니케이션 ·····································72

02 커뮤니케이션 스킬 ·········································73

03 면접 복장 ······················································82

chapter 06 자기소개서 작성 ···············································86

01 자기소개서에 대하여 ·····································86

02 자기소개서 작성 순서 ····································87

03 자기소개서 작성 시 유의사항 ·························88

04 자기소개서 항목별 작성법 ·····························98

05 항목별 작성례 ·············································107

06 법조인 진로탐색 ··········································119

07 학업계획서 작성 참고 자료 ··························124

PART02 / 로스쿨 면접장 스케치 및

최근 6개년 기출문제

chapter 01 대학별 면접장 스케치 및

최근 6개년 기출문제 ·····································128

01 강원대 ·························································129

02 건국대 ·························································137

03 경북대 ·························································147

04 경희대 ·························································156

05 고려대 ·························································163

06 동아대 ·························································172

07 부산대 ·························································180

08 서강대 ·························································189

09 서울대 ·························································197

10 서울시립대 ··················································209

11 성균관대 ·····················································212

12 아주대 ·························································221

13 연세대 ·························································230

14 영남대 ·························································238

15 원광대 ·························································242

16 이화여대 ·····················································251

17 인하대 ·························································256

18 전남대 ·························································264

19 전북대 ·························································273

20 제주대 ·························································281

21 중앙대 ·························································291

22 충남대 ·························································300

23 충북대 ·························································311

24 한국외대 ·····················································318

25 한양대 ·························································327

PART03 / 2018학년도

로스쿨 전형 및 입시가이드

chapter 01 2018학년도 로스쿨 전형 기본 계획 및

모집 요강 ·······················································336

chapter 02 로스쿨 최종 합격생 자료 분석

수험생이 묻고 통계로 답한다!” ·················344

chapter 03 최종합격자 통계 분석 / 25개 평균표 ·········364

 

02

PART04 / 윤리적 딜레마

chapter 01 윤리적 딜레마란? ·············································16

01 윤리적 딜레마의 의미 ····································16

02 윤리적 딜레마를 고민해야 하는 이유 ··············17

chapter 02 문제해결을 위한 기본적인 윤리설 ·················20

01 공리주의 ·······················································20

02 의무론 ···························································21

03 롤스의 정의론 ················································23

04 자유주의와 공동체주의 ··································24

05 상황윤리 ·······················································27

chapter 03 윤리적 딜레마 해결모델 ··································30

chapter 04 윤리적 딜레마 해결을 위한 다양한 접근법 ·· 34

01 샌델식 토론 ···················································34

02 ‘트롤리문제를 통한 실전 훈련 ······················36

03 콜버그의 도덕발달이론 ··································39

04 키더의 윤리적 의사결정 모델 ·························41

05 4차 산업 혁명과 윤리적 딜레마 ······················42

06 연습 문제 ······················································44

PART05 / 법의 기초

chapter 01 법의 의의와 기능 ··············································54

01 법의 의의 ······················································54

02 법의 기능 ······················································56

chapter 02 법과 도덕 ··························································62

01 법과 도덕의 관계 ···········································62

02 법과 도덕의 충돌 ··········································64

chapter 03 법의 이념 ··························································84

01 정의 ······························································84

02 합목적성 ·······················································89

03 법적 안정성 ···················································90

04 법이념의 상호관계 ·········································90

05 법이념과 공공복리 ·········································90

chapter 04 법의 종류와 분류 ···········································100

01 법의 종류 ····················································100

02 법의 분류 ····················································103

chapter 05 법의 해석과 적용 ···········································106

01 법의 해석 ····················································106

02 법의 적용 ····················································112

chapter 05 법의 해석과 적용 ···········································106

01 법의 해석 ····················································106

02 법의 적용 ····················································112

chapter 06 사법제도 ·························································116

01 들어가며 ·····················································116

02 법원과 판사 ·················································116

03 검찰과 검사 ·················································132

04 변호사 ·························································139

chapter 07 법조윤리 ························································148

01 들어가며 ·····················································148

02 변호사와 의뢰인과의 관계 ···························148

03 변호사의 진실의무 ······································156

04 변호사의 비밀유지의무 ·······························158

05 변호사의 이익충돌 회피의무 ························162

06 품위유지의무 ··············································168

07 기업변호사의 위법행위 감시의무 ·················169

08 법관과 검사의 윤리 ·····································170

PART06 / 헌법

chapter 01 헌법의 기본원리 - 헌법전문 ························178

01 총강 ····························································178

chapter 02 기본권의 보장 ················································192

01 인간의 존엄과 가치·행복추구권·평등권 ······193

02 자유권적 기본권 ··········································234

03 정치적 권리 ·················································288

04 청구권적기본권 ···········································291

05 사회적 기본권 ·············································296

06 기본권의 제한 ·············································343

07 기본의무 ·····················································344

chapter 03 국회 ·································································356

chapter 04 정부 ·································································366

01 대통령 ·························································366

02 행정부 ·························································372

chapter 05 법원 ·································································374

chapter 06 헌법재판소 ·····················································380

chapter 07 선거관리 ·························································382

chapter 08 지방자치 ·························································388

chapter 09 경제 ·································································392

chapter 10 헌법개정 ·························································410

 

PART07 / 행정법

chapter 01 행정법이란? ···················································416

01 개념과 법원 ·················································416

chapter 02 행정상의 법의 일반원칙 ································420

01 비례원칙 ·····················································420

02 신뢰보호의 원칙 ··········································421

03 자기구속의 원칙 ··········································424

04 부당결부금지의 원칙 ···································425

chapter 03 행정작용 ·························································428

01 행정입법 ·····················································428

02 행정행위 ·····················································430

03 실효성 확보수단 ··········································431

chapter 04 사후적 구제수단 ············································434

01 행정상 손해전보 ··········································434

02 행정상 손실보상 ··········································438

03 행정쟁송 ·····················································439

PART08 / 민사법

chapter 01 민법이란? ·······················································444

01 민법이란? ···················································444

02 민법의 체계 및 구성 ····································445

chapter 02 민법총칙 ·························································446

01 민법의 일반원칙 (통칙) ·······························446

02 () ·························································448

chapter 03 물권 ·································································456

01 총칙 ····························································456

02 점유권 ·························································456

03 소유권 ·························································457

04 용익물권 및 담보물권 ··································458

chapter 04 채권총칙 ·························································460

01 채권의 목적 ·················································460

02 채권의 효력 ·················································460

03 수인의 채권자 및 채무자 ·····························461

04 채권양도와 채무인수 ···································461

05 채권의 소멸 ·················································461

06 지시채권과 무기명채권 ·······························461

chapter 05 채권각칙 ·························································462

01 계약 ····························································463

02 사무관리 ·····················································465

03 부당이득 ·····················································466

04 불법행위 ·····················································468

chapter 06 친족·상속 ·······················································474

01 혼인 ····························································474

02 상속 ····························································476

chapter 07 민사소송법의 이해 ·········································480

01 민사소송의 의의와 4대 이상 ························480

02 민사소송에 갈음하는 재판 외 분쟁해결제도 · 481

03 당사자 ·························································482

04 소송심리의 과정과 증거법 ···························483

05 불복신청제도 ··············································484

07 판결의 효력 ·················································485

chapter 08 민사법 관련쟁점 ············································486

01 담배소송과 인과관계 ···································486

02 키코판결과 계약의 원칙 ······························489

03 카지노 이용자와 자기책임의 원칙 ················490

04 이혼소송. 유책주의 vs 파탄주의 ··················492

05 일제 강제징용 손해배상청구 소송 ················495

06 자살 사고의 재해사망 보상과

신뢰보호의 원칙 ··········································497

07 옥시사건관련 징벌적 손해배상과 집단소송 ·· 499

08 상가건물임대차보호법과 권리금 ··················504

09 젠트리피케이션 ···········································506

10 관습상의 분묘기지권 인정 ···························508

PART09 / 형사법

chapter 01 형법이란 ·························································512

01 형법이란? ···················································512

02 형법의 체계 및 구성 ····································512

chapter 02 범죄와 형벌 ····················································516

01 범죄개념 ·····················································516

02 형벌과 보안처분 ··········································516

03 사회통제수단으로서 형법의 과제 ·················517

chapter 03 죄형법정주의와 형법의 효력 ························518

01 죄형법정주의 ··············································518

02 형법의 효력 ·················································520

chapter 04 범죄의 성립과 실현단계 및 참가형태 ·········522

01 범죄의 성립요건 ··········································522

02 범죄의 실현단계 ··········································528

차례03 범죄의 참가형태 ··········································529

04 형벌 (형사제재) ···········································530

chapter 05 국가적·사회적 법익에 대한 범죄 ·················534

01 국가적 법익에 대한 죄 ·································534

02 사회적 법익에 대한 죄 ·································535

chapter 06 개인적 법익에 대한 범죄 ·······························536

01 개설 ····························································536

02 인격적 법익에 대한 죄 ·································536

03 재산적 법익에 대한 죄 ·································540

chapter 07 형사소송법의 이해 ·········································544

01 형사소송법이란? ·········································544

02 수사와 공판 ·················································547

chapter 08 형사법 관련 쟁점 ···········································554

01 세월호 선장 살인죄 적용여부 ·······················554

02 아동학대 사건 ·············································556

03 청탁금지법 (김영란법) ································559

04 시신 없는 살인사건과 낙지살인사건 ············568

05 다음카카오의 감청영장 거부 ························569

06 경영판단에 대한 배임죄 폐지 ·······················572

07 형사미성년자 논란 ······································573

08 음주운전 단속 및 처벌 강화 ·························577

09 몰래카메라 범죄와 법적 방안 ·······················579

10 직권남용죄와 뇌물죄로 보는 국정농단 사건 ·· 580

PART10 / 국제법

chapter 01 국제법의 이해 ················································586

01 국제법의 의의 ·············································586

02 국제법과 국내법의 관계 ······························586

03 국제법의 법원 ·············································587

04 국제사법재판소 ···········································588

chapter 02 국제법 주요 쟁점 ···········································590

01 자위권 ·························································590

02 인도주의적 개입 ··········································591

03 그리스사태 ··················································592

04 문화재 반환 ·················································594

05 난민문제 ····················································596

06 남중국해 중재판결과 이어도 ························599

07 브렉시트(Brexit) ········································601

08 트럼프 정부의 파리협정 탈퇴 ·······················604

PART11 / 공공갈등 문제 해결

chapter 01 공공갈등 문제와 법조인의 역할 ···················612

01 공공갈등 개념 ·············································612

02 갈등 해결 문제와 법조인의 자질 ··················613

chapter 02 공공갈등의 분석과 접근 방법 ·······················614

01 공공갈등의 특징 ··········································614

02 공공갈등의 해결방안 ···································615

03 공공갈등의 해결사례 ···································619

04 출제경향과 대비방법 ···································623

05 기출 문제 ····················································626

쟁점 차례

윤리적 딜레마

생각더하기

키케로 의무론

현대 덕() 윤리의 특징

자율주행차의 딜레마

4차 산업혁명과 윤리

법철학

문제 1> 사적 정의실현 ····································································59

문제 2> 인터넷을 이용한 사적처벌 (00패치사건) ····························59

문제 3> 직계존속에 대한 고소 불허규정 ··········································65

문제 4> 도덕의 강제화 ····································································71

문제 5> 간통죄 위헌결정 ·································································73

문제 6> 착한 사마리아인법 (구조의무의 법제화) ·····························74

문제 7> 형법의 도덕화 (자기 집 앞 눈치우기) ··································76

문제 8> 불효자방지법 도입 ·····························································77

문제 9> 친일행위자 재산환수에 관한 소급입법 제정 ························91

문제 10> 시민불복종운동 ·······························································93

문제 11> 강력범죄에 대한 공소시효 폐지 ········································96

생각더하기

함무라비법과 탈리오 법칙

한비자의 법치(法治)

오메가패치’, ‘강남패치논란

공론화인가 여론재판인가 (대학가 성범죄 대자보)

호주제 위헌결정으로 살펴 본 전통과 관습

도덕 범죄

프랑스의 부르카 금지법을 둘러싼 인권 논란

중동에서 미니스커트는 유죄인가?

개고기 논쟁

경범죄처벌법과 후견주의

데이트폭력방지법과 클레어법

착한 사마리아법 (구조의무법)

인성교육진흥법 논란

불효자방지법의 쟁점

밀이 주장하는 자유의 의미

 

친일판사 : 서울 고등법원 201338082 판결 아렌트와 악의 평범성 ⑱ 『국가에 나타난 소크라데스의 정의 무지의 베일 실험 지나친 합목적성의 위험성을 보여 준 사례 공무원 범죄에 관한 몰수 특례법 (일명 전두환 특별법) 콜하스와 저항권 사회계약설과 법치주의 태완이법 제정과 정은희양 사건 요금횡령 버스기사에 대한 판결 770원짜리 음료수 팔던 5살 꼬마에게 22만원 벌금 대법원 200972599: 울산 국민보도연맹 사건

기초법학

문제 12> 대형금융사건 피해자를 위한 특별법 제정 ·······················114

문제 13> 상고법원 설치를 둘러싼 공방 ·········································128

문제 14> 미국식 배심원제 도입 필요성 ·········································130

문제 15> 선거재판의 국민참여재판 배제 논의 ·······························130

문제 16> 고위공직자비리수사처 신설 ···········································135

문제 17> 플리바게닝 법제화 ·························································136

문제 18> 수사권·기소권 분리 ·······················································138

문제 19> 대한변협의 성추행 판사에 대한 변호사 등록 거부 ··········140

문제 20> 변호사의 부동산 중개 업무 허용 ·····································143

생각더하기

딸들의 반란판례로 살펴 본 관습법

대륙법과 영미법

부부강간죄 판례로 살펴 본 법률해석

허점투성이 성범죄특별법과 형벌법규의 해석

죄형법정주의의 의미

시적 정의(Poetic Justice)

재판중계 - “재판권 침해 vs ”국민의 알권리

상고법원 설치

국민참여재판제도의 쟁점

검찰총장의 사과

일본 사법협조자 형벌감면 제도사법방해죄전격 도입

섀터드 글라스와 변호사 등록 거부 시비(是非)

형사공공변호인도입

변호사 강제주의 도입

법률시장 완전 개방 우물 안 벗어날 기회 왜 법조인이 되려는가?

법조윤리

문제 21> 국익에 반하는 사건의 수임행위 ······································151

문제 22> 변호사의 비밀유지 의무 ·················································159

문제 23> 퇴임 대법관 변호사 개업 제한 ········································166

문제 24> 법관의 SNS 등을 통한 의견표명 제한 ····························171

문제 25> 담당 판사가 피의자의 자녀에게 편지를 보내는 행위 ·······172

문제 26> 특별검사제를 도입 ·························································174

생각더하기

세월호 선원들이 의뢰인이라면

김앤장은 왜 뭇매를 맞는가

대형로펌과 변호사윤리

형사 성공보수약정 무효 판결

변호사의 성공보수

미국의 표준규칙1.6(b)

변호사·의뢰인의 비닉특권 도입해야하나

금융위의 변호사에 자금세탁 방지 의무화와 비밀유지의무

전관예우의 유형과 대책

전관예우에 관하여

전관예우금지법과 전관들의 다른 선택

세월호 특별법과 기소권

헌법의 기본원리

문제 1> 스포츠 분야에서 특별귀화 ················································179

문제 2> 북한주민의 유산상속 ························································181

문제 3> 실향민의 토지소유권 ························································181

문제 4> 대북전단살포 허용 ···························································182

문제 5> 인도적 대북지원 허용 ·······················································183

문제 6> ‘통일세를 신설 ································································183

문제 7> 국군의 해외 파병 ·····························································184

문제 8> 외국인 근로자 이직제한 ···················································185

문제 9> ·중등교원의 정치활동제한 ············································187

문제 10> 통합진보당 해산심판청구 ··············································188

생각더하기

저출산 해법? 이민 수용 고려

북한이탈주민과 변호사 접견권

개성공단전면중단 조치의 법률적 근거

한일 위안부 합의의 법률적 검토

우리 사회 아일란을 위한 이자스민법

공무원 정치활동 보장

블랙리스트와 예술가 권익보장법제정

인간의 존엄성

문제 11> 존엄사 (안락사) 허용 ·····················································193

문제 12> 낙태 처벌강화 ································································195

문제 13> 응급피임약 판매 허용 ····················································197

문제 14> 베이비 박스 ···································································198

문제 15> 사형제 존치 ···································································199

문제 16> 장기매매 ·······································································202

문제 17> 대리모 계약 허용 ··························································203

문제 18> 성매매 비범죄화 ···························································205

문제 19> 인간배아를 비롯한 생명과학 연구에 대한 법적 규제 ·······206 생각더하기

존엄사법

낙태죄 위헌소원

나라슈퍼사건·김신혜 사건과 오판가능성

재심과 박준영 변호사

프랑스 새 장기기증법과 우리나라 장기이식법

대리모 출산

유전자 가위논쟁

샌델과 생명공학에 대한 질문들-1

샌델과 생명공학에 대한 질문들-2

인격권

문제 20> 학생에 대한 교사의 체벌 ················································210

문제 21> 청소년 성매수자 신상공개제도 ·······································211

생각더하기

인권위 국가고시 시험장서 용변 보게 한 건 인권 침해

퍼블리시티권

차례

 

자기결정권/행복추구권

문제 22> 공중이용시설 흡연금지 조례 ··········································215

문제 23> 내국인 출입가능 오픈 카지노도입 ·······························217

문제 24> 대마흡연 금지 ································································218

생각더하기

공문서 작성 및 국어교육의 한글전용 위헌여부(국어기본법)

성적자기결정권

셧다운제 헌재 결정과 중독법

동물 처우 개선하자 반려동물 분쟁 증가 동물복지와 안전한 먹거리

평등권

문제 25> 남성에게만 병역 의무를 부과한 병역법 규정 ··················222

문제 26> 장애인 고용할당제 ························································223

문제 27> 블라인드 채용 ································································229

생각더하기

지적장애인 놀이기구 탑승 거부 일부승소 시사점

청년할당제와 평등권

기간제 교사의 정규직 전환

적극적 우대조치’, 내용의 평등 실현 위해 도입된 장치

지역인재 채용 가산점 부여, “균형발전” VS “역차별

엘리트주의와 민주주의 : ‘개돼지가 주인으로 거듭나는 법

차별의 종착점이 증오범죄다

자유권적 기본권

문제 28> 성충동 약물치료(화학적 거세) ·······································235

문제 29> 정신질환자 강제입원 규정 ············································237

문제 30> 성범죄자에 대한 전자발찌착용 ·······································239

문제 31> 의무재직약정이나 전직금지약정 ····································240

문제 32> 공직퇴임 변호사에 대한 전관예우금지법 ························242

문제 33> 노키즈존 확대 ································································243

문제 34> 우버택시 허용여부 ·························································244

문제 35> 범죄자에 대한 DNA 정보 수집 ·······································247

문제 36> 어린이집 CCTV 설치 의무화 ··········································247

문제 37> 아이폰 위치 추적 ···························································248

문제 38> 애플 잠금해제 ·······························································252

문제 39> 휴대전화 감청 허용 문제 ················································253

문제 40> 도청으로 얻은 자료를 보도할 수 있는가 ·························254

문제 41> 교내 휴대폰 사용 허가 여부 ··········································255

문제 42> 양심적 병역거부자에 대한 대체복무제도 ························257

문제 43> 국가시험의 일요일 실시 ·················································258

문제 44> 사립대학에서의 채플 수업 ·············································259

문제 45> 군사기밀이라는 보안상의 이유로 국민의 알권리를

제한하는 일 ··································································260

문제 46> 음란물 규제 ···································································261

문제 47> 언론의 연예인 사생활 관련 보도 ····································262

문제 48> 잊혀질 권리 ··································································262

문제 49> 성소수자 퀴어 축제허용 ··············································272

문제 50> 특허법상 강제실시권 ·····················································275

문제 51> 그린벨트나 자연환경지구 지정 ·······································284

문제 52> ·월세 상한제 시행 ······················································284

문제 53> 전기요금 누진제 폐지 ····················································286

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유엔과 필리핀 대통령의 인권공방

몰카범도 화학적 거세 대상

메르스 격리 조치실효성 법적 논란

퇴사자의 경업 금지 약정은 유효한가?

관피아 척결과 직업선택의 자유

공유경제의 두 얼굴

테러방지법 논란

메르스환자 정보 공개한 시장

빅데이터와 개인정보

데이터 비식별화와 데이터법

국정원 해킹의혹, 법대로 해결하라.

통화녹음알림법도입

양심적 병역 거부사건에 잇따른 무죄판결

이슬람채권법(수쿠크법)과 국교

잊혀질 권리를 보장할 것인가 제국의 위안부는 표현의 자유 한계 일탈인가? 가짜뉴스 대응방식, 미국 기업·언론의 팩트체크”, 유럽·한국 ·

도적 제재가짜뉴스 처벌은 대안이 아니다 표현의 자유라는 미망 혐오발언 처벌법에 대한 두 가지 생각 인터넷 포털과 인터넷 개인방송 규제와 플랫폼 중립성 집회의 자유 집시법 제10조 한정위헌결정 복면·두건 불법시위가중처벌 대법원 포르노 야동도 저작권 보호 대상논란 구글 도서검색 서비스의 공정성 인공지능(AI) 시대의 저작권법 드론을 통해서 보는 새로운 과학 기술과 규제 포지티브규제와 네거티브 규제 4차 산업혁명에 관한 세 가지 착각 ‘4차 산업혁명에 맞서 싸워야 하는 이유 밀양송전탑 전기요금 누진제 이젠 손 볼 때다.

정치적 권리

문제 54> 수형자에 대한 선거권 제한 ············································288

문제 55> 재외국민에게 투표권 ·····················································289

문제 56> 선거연령 18세로 하향 ···················································290

청구권적 기본권

문제 57> 로비스트 합법화 ····························································292

문제 58> 검찰이 수사 피의사실을 공표 ·········································292

문제 59> 흉악범 얼굴 공개 ···························································293

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기업수사와 언론보도

부작용 속출하는 행정형 대체적 분쟁해결 (ADR)’

사회권적 기본권

문제 60> 기여입학제 ···································································297

문제 61> 자사고·외고 폐지 ··························································298

문제 62> 선행학습금지법 ·····························································299

문제 63> 야간 자율학습 폐지 ························································300

문제 64> 9시 등교제 ···································································300

문제 65> 수능 절대평가 전환 ························································301

문제 66> 무상급식 축소 ································································301

 

문제 67> 국사 교과서 국정화 ························································302

문제 68> 정리해고 ······································································303

문제 69> 최저임금 2020년까지 1만원으로 인상 ··························310

문제 70> 근로이사제 도입 ····························································311

문제 71> 임금피크제 도입 ····························································312

문제 72> 전교조 법외노조 판결 ····················································316

문제 73> 선택적 복지 VS 보편적 복지 ·········································317

문제 74> 맞춤형 보육 시행 ···························································318

문제 75> 기초생활보장 부양의무제 폐지 ·······································319

문제 76> 기본소득제 도입 ····························································320

문제 77> 개발이냐 보전이냐? ·······················································326

문제 78> 탈원전 정책 ···································································329

문제 79> 비혼 가정에 대한 제도적 지원 ·······································336

문제 80> 무면허 의료행위 금지 ····················································337

문제 81> 영리의료법인의 도입 ·····················································338

문제 82> 의료민영화 논란 ····························································338

문제 83> 원격진료제 도입 ····························································340

문제 84> GMO 완전표시제 도입 논란 ···········································342

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교육의 평등권과 자립형 사립고

비정규직 파견법, 19세 청년의 죽음이 외치는 메시지

비정규직, 시간제근로자 문제

비정규직 문제 : 무엇이 문제이고 어떻게 풀어야 할 것인가?’

AI시대 일자리, 노동개혁서 나온다.

근로시간과 노동생산성

통상임금

⑧ 『퇴근 후 카톡금지법의 문제점들

갑질과 인권경영

기본소득을 어떻게 볼까

청년수당 도입 논란

위험사회의 변증법강남역 사건의미와 과제

헬조선논쟁

환경관련사건과 사법부

배출권 거래제와 줄 잇는 기업소송 배출권 거래제속 경제, 공유지의 비극과 코즈의 정리 세종과 저출산 대책 저출산·고령화, 유연근무제가 답이다 동성부부의 혼인신고 문재인 케어엇갈린 평가 리베이트 의약품 건보적용정지 대신 과징금

기본의무

문제 85> 고소득층 소득세율 인상 (누진세 강화) ···························344

문제 86> 법인세 인상 문제 ···························································347

문제 87> 종교인 과세 ···································································349

문제 88> 로봇세 도입 ···································································350

문제 89> 이공계 병역특례 폐지 ····················································352

문제 90> 모병제 vs 징병제 ···························································352

문제 91> 제대군인가산점제도 ······················································353

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부동산 보유세 조정의 원칙

소득세 면세자 축소법안

피케티와 세금

부자감세, 서민증세

로봇기본법과 로봇밀집도 세계 1

기본권이 충돌할 때

정치/통치기구

문제 92> 국회의원 정수를 늘려야 하나? ·······································357

문제 93> 국회의원의 면책특권을 제한 ··········································359

문제 93> 국회선진화법 개정 ·························································360

문제 95> 사드(THAAD) 도입 ························································363

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법치국가의 원리와 의회

국회의원 소환제 도입

면책특권의 한계

사드배치와 국회 동의

사드부지 일반환경영향평가 적용

정부

문제 96> 인사청문회에서 후보자의 사생활이 공개 ························368

문제 97> 행정고시를 통한 공직자 선발 축소 ·································369

문제 98> 대통령의 사면권 제한 ····················································370

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인사청문회, 인격살인 vs 철저한 검증

기업인 사면

법원

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평시의 군사법원은 폐지해야

인공지능과 법률가의 사고단계

인공지능이 법조인을 대신할 수 있을까.

4차 산업혁명 시대와 법률가의 역할

선거관리

문제 99> 투표의무제 ····································································382

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투표율도 부익부 빈익빈

정의, 아니 대의란 무엇인가

대의제와 추첨제

지방자치

문제 100> 지방자치단체장에 대한 주민소환제 ·····························388

문제 101> 지방정부 파산제도 도입. ·············································390

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행정자치부의 지방재정 개편안논란

지방분권형 개헌

경제질서/규제

문제 102> 정부의 직·간접적인 가격규제 정책 ······························395

문제 103> 중소기업 적합업종 법제화 ···········································397

문제 104> 사내유보금에 대한 과세 ···············································398

문제 105> 초과이익공유제 ··························································398

문제 106> KTX 민영화 ·································································403

문제 107> 수도권 규제 정책 ·························································404

문제 108> 쌀보조금 지급 ·····························································406

차례

 

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리니언시 제도와 전속고발권

군함도스크린 독점 논란

규제프리존 특별법재논의

무역이득공유제 딜레마

대형마트 의무휴업일·영업시간 제한

규제의 역설

은산분리규제 완화

경제민주화란 무엇인가

김영란법이 농축산업 죽인다?

사회적가치기본법

개인정보유출 문제로 본 징벌적손해배상과 집단소송제도

헌법개정

생각더하기

헌법학자 5인의 개헌에 대한 제언

행정법

문제 1> 용산 마권장외발매소(화상경마장)의 개장 ·························422

문제 2> 행정입법에 관한 국회법 개정안 ········································429

문제 3> 천재지변에 의한 피해 보상 ···············································435

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막스 베버의 합리주의와 관료제

통신사와 신뢰보호원칙

부당결부금지와 민원 변환소 설치

오원춘 사건과 국가배상청구

메르스 환자, 국가 상대 손해배상 청구 가능할까?

가습기 피해자와 국가배상 책임

민사법

문제 1> 소액·장기연체 빚 탕감 ····················································454

문제 2> 배우자에게 유리한 상속법 개정안 ····································477

문제 3> 이혼청구에서 파탄주의 도입 ············································494

문제 4> 징벌적 손해 배상 도입 여부 ··············································501

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민법의 기본원리

신의성실의무와 약관

전기요금 누진제와 신의성실의무

착오에 의한 취소

훈민정음 상주본 환수문제

사기도박과 불법원인급여

자율주행차 교통사고 법적책임

4차 산업혁명과 사법의 과제

황필상법도입, “세금폭탄 해소” vs “대기업 악용

가업상속공제 축소

신해철법과 의료분쟁 조정

환경소송에서의 증명책임

제조물 책임법

유책배우자 이혼청구 사건

일본 강제징용 손해배상 소송 보험가입 2년 경과 후 자살 사고의 재해사망 보상 여부 폭스바겐 사태와 소비자집단소송 집단소송제 도입 논의 리쌍사건으로 보는 권리금 젠트리피케이션 예방법

형사법

문제 1> 경영판단에 대한 배임죄 폐지 논란 ···································572

문제 2> 형사 미성년자의 연령을 하향 조정 ···································573

문제 3> 음주운전 단속 및 처벌 강화 ··············································577

생각더하기

롬브로소의 선천적 범죄자

도둑과 정당방위

인천 초등생 살인과 심신미약

황제노역의 진실

사실적시 명예훼손죄 폐지 논의

조영남 대작사건의 사기죄 성립여부

명의신탁엔 안전장치가 없다.

음주측정 거부

현행범으로 잡힌 몰카범 무죄’(위법수집증거배제법칙)

세월호 사건에 대한 대법원 판결

미필적 고의

이해충돌방지 조항등 보완 필요

청탁금지법(일명 김영란법) 사건 합헌 결정

청탁금지법-1

청탁금지법-2 일상에 드리운 감청 불안 형사 미성년자 면죄부논란 소년법 엄벌화논란 음주운전 처벌범위 지나친 확대 위헌소지국정농단핵심 혐의 직권남용이재용 재판최대 쟁점은 뇌물죄 성립 여부

국제법

문제 1> 절도범이 반입한 문화재급 불상 반환여부 ·························594

생각더하기

일본의 자위권 주장

노동착취와 방글라데시 딜레마

현대판 그리스 비극 읽기

동조여래입상 일본 반환 결정.

난민법, 그 후 2

시리아난민 문제 해법

영해에 좌초된 보물선의 소유권

영국 민주주의의 실패

브렉시트, 민주주의의 실패라고?

미국 파리기후협약 탈퇴와 공유지의 비극

트럼프 정책의 딜레마와 한국 정부에 주는 시사점

공공갈등

생각더하기

새로운 국가 원리, ‘거버넌스

집단지성과 집단사고

하버마스의 의사소통 상황

원자력발전소 공사재개여부와 공론화위원회

국책사업 추진상의 합리적인 갈등 해결 방법

재산권 보장 vs 님비

해결을 위한 절차

저자소개

저자 : 황정현

교환 및 환불안내

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