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2017 법행바이블

2017 법행바이블

  • 유승환
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  • 법률저널
  • |
  • 2017-04-20 출간
  • |
  • 1677페이지
  • |
  • 46배판
  • |
  • ISBN 9788963362892
★★★★★ 평점(10/10) | 리뷰(3)
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출판사서평

 . 2016년 법원행시 문제의 특징

2016년 법원행시 1차 기출문제의 경우 헌법에서는 대한민국 헌정사·역대 헌법상 헌법재판제도 등

역대 헌법 관련 제도의 역사에 대한 문제 및 대통령의 권한 행사에 대하여 국회가 관여하는 방법·

통령이 임명하는 공직·국회의 자율권·국회의 의결정족수·인사청문회를 거쳐야 하는 직위 등 해당

규정을 정확히 숙지하지 않으면 틀리기 쉬운 문제가 출제되었습니다. 민법에서는 6개 지문이 들어있

는 박스형 문제가 5개가 출제되었고, 법인·주물과 종물·의사표시·조건과 기한·소멸시효 등 민법

총칙 부분에서 11개 문제나 출제 되었습니다. 또한, 형법에서는 6개 지문이 들어있는 박스형 문제가

7, 7개 지문이 들어있는 박스형 문제가 1개가 출제되었고, 총론에서 15, 각론에서 25개가 출제되

어 형법 전 범위에 걸쳐 고루 출제가 되었습니다. 최근 법원행시 문제의 경향은 기존 6개 지문 이상의

박스형 문제 출제 강화의 추세는 계속되면서 헌법·민법·형법·부속법률 등 기본적으로 숙지해야

할 규정 및 최신 판례를 얼마나 정확히 알고 있는지에 따라 당락이 좌우되는 것으로 요약할 수 있습니

. 결국 얼마나 정확히 관련 규정 및 판례를 숙지하는지에 따라 점수가 좌우될 수밖에 없으며, 헌법

의 경우 헌정사 등 관련 제도의 연혁까지도 정리를 해두어야 할 것으로 보입니다.

. 2017년판 법행바이블의 특징

1. 법원행시 7개년 1차 기출문제의 충실한 해설

2010년부터 2016년까지 법원행시 1차 기출문제를 진도별로 해설하였습니다. 개정된 법률 및 전

원합의체 판결을 반영하여 기존 문제의 해설을 업데이트하였고 판례의 중요한 문구나 핵심 쟁점에

는 굵게 표시를 하여 이해가 쉽도록 하였습니다. 특히, 2016. 12. 20. 2017. 6. 3. 시행되는

개정 민법과 2016. 5. 29. 2016. 12. 20. 시행되는 개정 형법의 주요내용을 요약하여 해당

단원 앞이나 TIP!!에 수록하였고 해설에 반영하였습니다.

2. 법무사 및 5급승진 시험 문제의 해설 수록

법원행시의 경우 법원행정처에서 주관하는 다른 시험인 법무사나 5급승진(법원사무관승진) 시험

과 그 출제 유형이 비슷하고 유사한 문제가 출제되는 경향이 있습니다. 따라서 헌법의 경우 2015

년 및 2016년 법무사 시험의 해설을, 민법과 형법의 경우 2015년 및 20165급승진 시험의 해설

을 추가로 수록하였습니다.

 

3. 막판정리용 기출지문 OXTIP!!을 수록

시험 하루 전날 빨리 스킵을 할 수 있도록 각 단원 앞에 막판정리용 기출지문 OX”를 정리해놓았

, 어떻게 공부를 하는 것이 효율적이며 그 단원에서 중요한 내용이 무엇인지 알 수 있도록

“TIP!!”을 수록하였습니다.

4. 법원행시 2차 기출문제의 논점과 분석도표 및 출제예상을 수록

2014년부터 법원행시도 1차 시험 합격자의 다음해 1차 시험 면제제도가 폐지되어 다른 행정고시

와 같이 1차 시험과 2차 시험을 한 해에 통과하여야 최종합격을 할 수 있게 되었습니다. 따라서

1차 시험뿐만 아니라 2차 시험도 미리 준비를 해두는 것이 중요해졌으며, 이에 본서에는 2010

부터 2016년까지 7개년 법원행시 2차 시험의 과목별 논점을 정리해 놓았고, 교과서를 기준으로

어느 부분에서 출제가 많이 되었는지 알 수 있도록 분석도표를 수록하였습니다. 그리고 2017

2차 시험에서 출제될 수 있는 부분에 대한 예상을 서술해 놓았습니다.

5. 공부방법론

저자가 법원행시를 준비하면서 이런 방법이 좀 더 수험적합성이 있었던 것 같다는 방법론을 서술

해 놓았습니다. 1차 기출문제의 해설 앞에 1차 공부방법론, 2차 기출문제의 논점 앞에 2차 공부방

법론을 서술해 놓았습니다.

. 당부의 말

2017년 사법시험 폐지 예정에 따라 오로지 법원행시만 준비하는 수험생이 늘고 있는 상황이며, 1

2차 시험을 동시에 준비해야 하는 부담이 있는 만큼 단기간에 집중하여 효율적으로 시험을 준비하

는 것이 필요해 보입니다. 따라서 사전에 수험계획을 치밀하게 세워 각자 가지고 있는 기본서로 기본

이론 및 판례의 내용을 숙지하고 본서로 기출문제 분석을 정확히 한 후에 최근 개정 법률 및 최신

판례에 대비한다면 아무리 소수만 뽑는 시험이라 할지라도 합격의 영광이 반드시 수험생 여러분들에

게 돌아갈 것이라고 생각합니다.

법원사무관이라는 공직의 꿈을 가지고 시간과 열정을 아끼지 않고 노력하시는 수험생 여러분의 합격

을 진심으로 기원합니다.

20174

유 승 환

목차

<민법>
1편 민법총칙 ························································································································ 6

1장 통칙 ·································································································································· 6

1절 민법일반, 법원 ············································································································· 6

2절 신의성실 ······················································································································· 6

2장 인 ···································································································································· 12

1절 능력 ···························································································································· 13

2절 주소 ···························································································································· 15

3절 부재와 실종 ················································································································ 15

3장 법인 ································································································································ 18

4장 물건 ································································································································ 33

5장 법률행위 ························································································································· 39

1절 총칙 ···························································································································· 39

2절 의사표시 ····················································································································· 49

3절 대리 ···························································································································· 62

4절 무효와 취소 ················································································································ 81

5절 조건과 기한 ················································································································ 86

6장 기간 ································································································································ 92

7장 소멸시효 ························································································································· 95

2편 물권법 ························································································································ 112

1장 총칙 ······························································································································· 112

2장 점유권 ··························································································································· 133

3장 소유권 ··························································································································· 145

1절 소유권의 한계 ·········································································································· 145

2절 소유권의 취득 ·········································································································· 159

3절 공동소유 ··················································································································· 175

4절 명의신탁 ··················································································································· 186

 

4장 지상권 ··························································································································· 196

5장 지역권 ··························································································································· 208

6장 전세권 ··························································································································· 208

7장 유치권 ··························································································································· 215

8장 질권 ······························································································································· 222

9장 저당권 ··························································································································· 226

10장 비전형담보물권 ··········································································································· 244

3편 채권총론 ···················································································································· 250

1장 채권의 목적 ·················································································································· 250

2장 채권의 효력 ·················································································································· 254

1절 채무불이행과 그 구제방법 ······················································································ 254

2절 책임재산의 보전 ······································································································· 277

3장 수인의 채권자 및 채무자 ···························································································· 298

4장 채권의 양도와 채무의 인수 ························································································ 311

5장 채권의 소멸 ·················································································································· 323

4편 채권각론 ···················································································································· 347

1장 계약의 성립과 효력 ····································································································· 347

2장 계약의 해지, 해제 ······································································································· 368

3장 각종의 계약 ·················································································································· 376

1절 증여 ·························································································································· 379

2절 매매, 환매 ················································································································ 380

3절 교환, 소비대차, 사용대차 ······················································································· 390

4절 임대차 ······················································································································· 390

5절 고용, 도급, 여행계약 ······························································································· 408

6절 현상광고, 위임, 임치 ······························································································· 416

7절 조합 ·························································································································· 417

8절 종신정기금, 화해 ····································································································· 420

4장 사무관리 ······················································································································· 422

5장 부당이득 ······················································································································· 426

6장 불법행위 ······················································································································· 440

 

5편 친족법 ························································································································ 455

1장 총칙, 가족의 범위와 자의 성과 본 ············································································ 456

2장 혼인과 이혼 ·················································································································· 457

3장 부모와 자(친생자·양자·친권) ·················································································· 476

4장 후견 ······························································································································· 491

5장 부양 ······························································································································· 493

6편 상속법 ························································································································ 497

1장 상속 ······························································································································· 497

2장 유언 ······························································································································· 511

3장 유류분 ··························································································································· 515

<헌법> 

1차 진도별 법행바이블 ··········································································································· 8

 

헌법

1편 헌법총론 ······················································································································ 12

1장 헌법과 헌법학 ················································································································ 12

1절 헌법의 의의와 헌법관 ······························································································· 13

2절 헌법의 해석 ················································································································ 14

3절 헌법의 제정·개정과 변천 ························································································ 14

4절 헌법의 수호 ················································································································ 16

2장 대한민국헌법총설 ··········································································································· 19

1절 대한민국헌정사 ·········································································································· 21

2절 대한민국의 국가형태와 구성요소 ············································································· 27

3절 헌법의 기본원리 ········································································································ 34

4절 헌법의 기본질서 ········································································································ 52

5절 헌법의 기본제도 ········································································································ 59

1항 헌법과 제도적 보장 ······························································································· 62

2항 정당제도 ················································································································· 62

3항 선거제도 ················································································································· 67

4항 공무원제도 ············································································································· 74

5항 지방자치제도 ·········································································································· 79

 

2편 기본권론 ······················································································································ 99

1장 기본권 총론 ···················································································································· 99

2장 인간의 존엄과 가치, 행복추구권, 법 앞의 평등 ······················································· 116

3장 자유권적 기본권 ··········································································································· 139

1절 생명권 ······················································································································· 141

2절 신체의 자유권 ·········································································································· 144

3절 사생활 자유권 ·········································································································· 187

4절 정신적 자유권 ·········································································································· 211

1항 양심의 자유 ·········································································································· 213

2항 종교의 자유 ·········································································································· 221

3항 언론·출판·집회·결사의 자유 ········································································· 230

4항 학문과 예술의 자유 ····························································································· 255

4장 경제적 기본권 ·············································································································· 259

1절 재산권 ······················································································································· 260

2절 직업선택의 자유 ······································································································· 271

3절 소비자의 권리 ·········································································································· 287

5장 정치적 기본권 ·············································································································· 288

6장 청구권적 기본권 ··········································································································· 301

1절 청구권적 기본권의 구조와 체계 ············································································· 303

2절 청원권 ······················································································································· 303

3절 재판청구권 ················································································································ 306

4절 형사보상청구권 ········································································································· 334

5절 국가배상청구권 ········································································································· 336

6절 범죄피해자구조청구권 ······························································································ 341

7장 사회적 기본권 ·············································································································· 343

1절 인간다운 생활을 할 권리 ························································································ 345

2절 교육을 받을 권리 ····································································································· 350

3절 근로의 권리 및 근로3·························································································· 363

4절 환경권 ······················································································································· 372

5절 혼인과 가족생활의 보장 ·························································································· 375

6절 모성의 보호와 보건권 ····························································································· 385

8장 국민의 기본적 의무 ····································································································· 386

 

3편 통치구조론 ················································································································· 396

1장 통치구조론의 이론적 기초와 체계 ············································································· 396

2장 통치구조의 구성원리 ··································································································· 396

3장 통치구조의 형태 ··········································································································· 396

4장 국회 ······························································································································· 396

5장 대통령과 행정부 ··········································································································· 433

1절 대통령 ······················································································································· 433

2절 행정부 ······················································································································· 449

3절 선거관리위원회 ········································································································· 460

6장 법원 ······························································································································· 461

7장 헌법재판소 ···················································································································· 477

1절 헌법재판제도 ············································································································ 479

2절 위헌법률심판 ············································································································ 495

3절 탄핵심판 ··················································································································· 502

4절 정당해산심판 ············································································································ 504

5절 권한쟁의심판 ············································································································ 507

6절 헌법소원심판 ············································································································ 516


<형법> 

형법총론

1편 형법의 일반이론 ··········································································································· 8

1장 형법의 기본개념 ·············································································································· 8

2장 형법의 기본원리 ·············································································································· 8

3장 형법의 적용범위 ············································································································ 15

1절 형법의 시간적 적용범위 ···························································································· 16

2절 형법의 장소적 적용범위 ···························································································· 20

3절 형법의 인적 적용범위 ······························································································· 25

2편 범죄론 ·························································································································· 26

1장 범죄론의 기초 ················································································································ 26

1절 범죄의 의의와 종류 ··································································································· 27

2절 행위론 ························································································································· 38

3절 범죄체계론 ·················································································································· 38

4절 행위의 주체와 객체 ··································································································· 38

2장 구성요건론 ······················································································································ 40

1절 구성요건의 일반이론 ································································································· 42

2절 결과반가치와 행위반가치 ·························································································· 42

3절 부작위범 ····················································································································· 42

4절 인과관계와 객관적 귀속 ···························································································· 48

5절 구성요건적 고의 ········································································································ 52

6절 구성요건적 착오 ········································································································ 57

7절 과실범 ························································································································· 57

8절 결과적 가중범 ············································································································ 65

3장 위법성론 ························································································································· 67

1절 위법성의 일반이론 ····································································································· 68

2절 정당방위 ····················································································································· 68

3절 긴급피난 ····················································································································· 69

 

4절 자구행위 ····················································································································· 69

5절 피해자의 승낙 ············································································································ 70

6절 정당행위 ····················································································································· 72

4장 책임론 ····························································································································· 80

1절 책임의 일반이론 ········································································································ 81

2절 책임능력 ····················································································································· 81

3절 위법성의 인식과 금지착오 ························································································ 86

4절 기대가능성 ·················································································································· 88

5장 미수론 ····························································································································· 89

1절 미수범의 일반이론 ····································································································· 90

2절 장애미수 ····················································································································· 91

3절 중지미수 ····················································································································· 94

4절 불능미수 ····················································································································· 99

5절 예비죄 ······················································································································· 104

6장 정범 및 공범론 ············································································································ 107

1절 정범·공범의 일반이론 ···························································································· 109

2절 간접정범 ··················································································································· 116

3절 공동정범 ··················································································································· 123

4절 교사범 ······················································································································· 128

5절 종범 ·························································································································· 137

6절 공범과 신분 ·············································································································· 138

7장 죄수론 ··························································································································· 140

1절 죄수의 일반이론 ······································································································· 142

2절 일 죄 ························································································································· 144

3절 수 죄 ························································································································· 159

3편 형벌론 ························································································································ 171

1절 형벌의 종류 ·············································································································· 172

2절 형의 양정 ················································································································· 184

3절 누 범 ························································································································· 198

4절 집행유예·선고유예·가석방 ··················································································· 205

5절 형의 시효·소멸·기간 ···························································································· 217

6절 보안처분 ··················································································································· 220

 

형법각론

1편 개인적 법익에 대한 죄 ···························································································· 223

1장 생명과 신체에 대한 죄 ······························································································· 223

1절 살인의 죄 ················································································································· 224

2절 상해와 폭행의 죄 ····································································································· 227

3절 과실치사상의 죄 ······································································································· 233

4절 낙태의 죄 ················································································································· 233

5절 유기와 학대의 죄 ····································································································· 234

2장 자유에 대한 죄 ············································································································ 235

1절 협박의 죄 ················································································································· 236

2절 강요의 죄 ················································································································· 241

3절 체포와 감금의 죄 ····································································································· 242

4절 약취와 유인의 죄 ····································································································· 243

5절 강간과 추행의 죄 ····································································································· 247

3장 명예와 신용에 대한 죄 ······························································································· 259

1절 명예에 관한 죄 ········································································································ 260

2절 신용 및 업무와 경매에 관한 죄 ············································································· 273

4장 사생활의 평온에 대한 죄 ···························································································· 282

1절 비밀침해의 죄 ·········································································································· 283

2절 주거침입의 죄 ·········································································································· 283

5장 재산에 대한 죄 ············································································································ 290

1절 재산죄의 기본개념 ··································································································· 291

2절 절도의 죄 ················································································································· 300

3절 강도의 죄 ················································································································· 312

4절 사기의 죄 ················································································································· 327

5절 공갈의 죄 ················································································································· 348

6절 횡령의 죄 ················································································································· 360

7절 배임의 죄 ················································································································· 378

8절 장물의 죄 ················································································································· 399

9절 손괴의 죄 ················································································································· 413

10절 권리행사를 방해하는 죄 ························································································ 419

 

2편 사회적 법익에 대한 죄 ···························································································· 430

1장 공공의 안전과 평온에 대한 죄 ··················································································· 430

1절 공안을 해하는 죄 ····································································································· 431

2절 폭발물에 관한 죄 ····································································································· 431

3절 방화와 실화의 죄 ····································································································· 432

4절 일수와 수리에 관한 죄 ··························································································· 436

5절 교통방해의 죄 ·········································································································· 436

2장 공공의 신용에 대한 죄 ······························································································· 440

1절 통화에 관한 죄 ········································································································ 440

2절 유가증권·인지와 우표에 관한 죄 ········································································· 442

3절 문서에 관한 죄 ········································································································ 447

4절 인장에 관한 죄 ········································································································ 459

3장 공중의 건강에 대한 죄 ······························································································· 460

1절 음용수에 관한 죄 ····································································································· 460

2절 아편에 관한 죄 ········································································································ 460

4장 사회의 도덕에 대한 죄 ······························································································· 460

1절 성풍속에 관한 죄 ····································································································· 461

2절 도박과 복표에 관한 죄 ··························································································· 464

3절 신앙에 관한 죄 ········································································································ 464

3편 국가적 법익에 대한 죄 ···························································································· 465

1장 국가의 존립과 권위에 대한 죄 ··················································································· 465

1절 내란의 죄 ················································································································· 466

2절 외환의 죄 ················································································································· 469

3절 국기에 관한 죄 ········································································································ 469

4절 국교에 관한 죄 ········································································································ 469

2장 국가의 기능에 대한 죄 ······························································································· 470

1절 공무원의 직무에 관한 죄 ························································································ 470

2절 공무방해에 관한 죄 ································································································· 495

3절 도주와 범인은닉의 죄 ····························································································· 512

4절 위증과 증거인멸의 죄 ····························································································· 520

5절 무고의 죄 ················································································································· 531

2차 진도별 법행바이블 ······································································································· 544

 

교환 및 환불안내

도서교환 및 환불
  • ㆍ배송기간은 평일 기준 1~3일 정도 소요됩니다.(스프링 분철은 1일 정도 시간이 더 소요됩니다.)
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