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 ‘트롤리’ 문제를 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 인(人) ·························································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
① 키케로 『의무론』
② 현대 덕(德) 윤리의 특징
③ 자율주행차의 딜레마
④ 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
① 함무라비법과 탈리오 법칙
② 한비자의 법치(法治)
③ ‘오메가패치’, ‘강남패치’ 논란
④ 공론화인가 여론재판인가 (대학가 성범죄 대자보)
⑤ 호주제 위헌결정으로 살펴 본 전통과 관습
⑥ 도덕 범죄
⑦ 프랑스의 ‘부르카 금지법’을 둘러싼 인권 논란
⑧ 중동에서 미니스커트는 유죄인가?
⑨ 개고기 논쟁
⑩ 경범죄처벌법과 후견주의
⑪ 데이트폭력방지법과 클레어법
⑫ 착한 사마리아법 (구조의무법)
⑬ 인성교육진흥법 논란
⑭ ‘불효자방지법’의 쟁점
⑮ 밀이 주장하는 자유의 의미
⑯ 친일판사 : 서울 고등법원 2013누38082 판결 ⑰ 아렌트와 악의 평범성 ⑱ 『국가』에 나타난 소크라데스의 정의 ⑲ 무지의 베일 실험 ⑳ 지나친 합목적성의 위험성을 보여 준 사례 ㉑ 공무원 범죄에 관한 몰수 특례법 (일명 전두환 특별법) ㉒ 콜하스와 저항권 ㉓ 사회계약설과 법치주의 ㉔ 태완이법 제정과 정은희양 사건 ㉕ 요금횡령 버스기사에 대한 판결 ㉖ 770원짜리 음료수 팔던 5살 꼬마에게 22만원 벌금 ㉗ 대법원 2009다72599: 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
① ‘딸들의 반란’ 판례로 살펴 본 관습법
② 대륙법과 영미법
③ 부부강간죄 판례로 살펴 본 법률해석
④ 허점투성이 성범죄특별법과 형벌법규의 해석
⑤ ‘죄형법정주의’의 의미
⑥ 시적 정의(Poetic Justice)
⑦ 재판중계 - “재판권 침해 vs ”국민의 알권리“
⑧ 상고법원 설치
⑨ 국민참여재판제도의 쟁점
⑩ 검찰총장의 사과
⑪ 일본 ‘사법협조자 형벌감면 제도’ 및 ‘사법방해죄’ 전격 도입
⑫ ‘섀터드 글라스’와 변호사 등록 거부 시비(是非)
⑬ ‘형사공공변호인’ 도입
⑭ 변호사 강제주의 도입
⑮ 법률시장 완전 개방 우물 안 벗어날 기회 ⑯ 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
① 세월호 선원들이 의뢰인이라면
② 김앤장은 왜 뭇매를 맞는가
③ 대형로펌과 변호사윤리
④ 형사 성공보수약정 무효 판결
⑤ 변호사의 성공보수
⑥ 미국의 표준규칙1.6(b)
⑦ 변호사·의뢰인의 비닉특권 도입해야하나
⑧ 금융위의 ‘변호사에 자금세탁 방지 의무화’와 비밀유지의무
⑨ 전관예우의 유형과 대책
⑩ 전관예우에 관하여
⑪ ‘전관예우금지법’과 전관들의 다른 선택
⑫ 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> ‘통일세’를 신설 ································································183
문제 7> 국군의 해외 파병 ·····························································184
문제 8> 외국인 근로자 이직제한 ···················································185
문제 9> 초·중등교원의 정치활동제한 ············································187
문제 10> 통합진보당 해산심판청구 ··············································188
‣생각더하기
① 저출산 해법? 이민 수용 고려
② 북한이탈주민과 변호사 접견권
③ 개성공단전면중단 조치의 법률적 근거
④ 한일 위안부 합의의 법률적 검토
⑤ 우리 사회 아일란을 위한 『이자스민법』
⑥ 공무원 정치활동 보장
⑦ 블랙리스트와 ‘예술가 권익보장법’ 제정
‣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
① 존엄사법
② 낙태죄 위헌소원
③ 나라슈퍼사건·김신혜 사건과 오판가능성
④ 재심과 박준영 변호사
⑤ 프랑스 새 장기기증법과 우리나라 장기이식법
⑥ 대리모 출산
⑦ ‘유전자 가위’ 논쟁
⑧ 샌델과 생명공학에 대한 질문들-1
⑨ 샌델과 생명공학에 대한 질문들-2
‣인격권
문제 20> 학생에 대한 교사의 체벌 ················································210
문제 21> 청소년 성매수자 신상공개제도 ·······································211
‣생각더하기
⑩ 인권위 “국가고시 시험장서 용변 보게 한 건 인권 침해”
⑪ 퍼블리시티권
차례
‣ 자기결정권/행복추구권
문제 22> 공중이용시설 흡연금지 조례 ··········································215
문제 23> 내국인 출입가능 ‘오픈 카지노’ 도입 ·······························217
문제 24> 대마흡연 금지 ································································218
‣생각더하기
⑫ 공문서 작성 및 국어교육의 한글전용 위헌여부(국어기본법)
⑬ 성적자기결정권
⑭ 셧다운제 헌재 결정과 중독법
⑮ 동물 처우 개선하자 ⑯ 반려동물 분쟁 증가 ⑰ 동물복지와 안전한 먹거리
‣ 평등권
문제 25> 남성에게만 병역 의무를 부과한 병역법 규정 ··················222
문제 26> 장애인 고용할당제 ························································223
문제 27> 블라인드 채용 ································································229
‣생각더하기
① 지적장애인 놀이기구 탑승 거부 일부승소 시사점
② 청년할당제와 평등권
③ 기간제 교사의 정규직 전환
④ ‘적극적 우대조치’, 내용의 평등 실현 위해 도입된 장치
⑤ 지역인재 채용 가산점 부여, “균형발전” VS “역차별”
⑥ 엘리트주의와 민주주의 : ‘개돼지’가 주인으로 거듭나는 법
⑦ 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 축제’ 허용 ··············································272
문제 50> 특허법상 강제실시권 ·····················································275
문제 51> 그린벨트나 자연환경지구 지정 ·······································284
문제 52> 전·월세 상한제 시행 ······················································284
문제 53> 전기요금 누진제 폐지 ····················································286
‣생각더하기
① 유엔과 필리핀 대통령의 인권공방
② 몰카범도 화학적 거세 대상
③ 메르스 ‘격리 조치’ 실효성 법적 논란
④ 퇴사자의 경업 금지 약정은 유효한가?
⑤ 관피아 척결과 직업선택의 자유
⑥ 공유경제의 두 얼굴
⑦ 테러방지법 논란
⑧ 메르스환자 정보 공개한 시장
⑨ 빅데이터와 개인정보
⑩ ‘데이터 비식별화’ 와 데이터법
⑪ 국정원 해킹의혹, 법대로 해결하라.
⑫ ‘통화녹음알림법’ 도입
⑬ 양심적 병역 거부사건에 잇따른 무죄’ 판결
⑭ 이슬람채권법(수쿠크법)과 국교
⑮ 잊혀질 권리를 보장할 것인가 ⑯ ‘제국의 위안부’는 표현의 자유 한계 일탈인가? ⑰ 가짜뉴스 대응방식, 미국 “기업·언론의 팩트체크”, 유럽·한국 “법·제
도적 제재” ⑱ 가짜뉴스 처벌은 대안이 아니다 ⑲ 표현의 자유라는 미망 ⑳ 혐오발언 처벌법에 대한 두 가지 생각 ㉑ 인터넷 포털과 인터넷 개인방송 규제와 플랫폼 중립성 ㉒ 집회의 자유 ㉓ 집시법 제10조 한정위헌결정 ㉔ ‘복면·두건 불법시위’ 가중처벌 ㉕ 대법원 “포르노 야동도 저작권 보호 대상” 논란 ㉖ 구글 도서검색 서비스의 공정성 ㉗ 인공지능(AI) 시대의 저작권법 ㉘ ‘드론’을 통해서 보는 새로운 과학 기술과 규제 ㉙ 포지티브규제와 네거티브 규제 ㉚ 4차 산업혁명에 관한 세 가지 착각 ㉛ ‘4차 산업혁명’에 맞서 싸워야 하는 이유 ㉜ 밀양송전탑 ㉝ 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
‣생각더하기
① 기업수사와 언론보도
② 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
‣생각더하기
① 교육의 평등권과 자립형 사립고
② 비정규직 파견법, 19세 청년의 죽음이 외치는 ‘메시지’
③ 비정규직, 시간제근로자 문제
④ ‘비정규직 문제 : 무엇이 문제이고 어떻게 풀어야 할 것인가?’
⑤ AI시대 일자리, 노동개혁서 나온다.
⑥ 근로시간과 노동생산성
⑦ 통상임금
⑧ 『퇴근 후 카톡금지법』의 문제점들
⑨ 갑질과 인권경영
⑩ 기본소득을 어떻게 볼까
⑪ 청년수당 도입 논란
⑫ 위험사회의 변증법…‘강남역 사건’ 의미와 과제
⑬ ‘헬조선’ 논쟁
⑭ 환경관련사건과 사법부
⑮ 배출권 거래제와 줄 잇는 기업소송 ⑯ ‘배출권 거래제’ 속 경제, 공유지의 비극과 코즈의 정리 ⑰ 세종과 저출산 대책 ⑱ 저출산·고령화, 유연근무제가 답이다 ⑲ 동성부부의 혼인신고 ⑳ ‘문재인 케어’ 엇갈린 평가 ㉑ 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
‣생각더하기
① 부동산 보유세 조정의 원칙
② 소득세 면세자 축소법안
③ 피케티와 세금
④ 부자감세, 서민증세
⑤ 로봇기본법과 로봇밀집도 세계 1위
⑥ 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
‣생각더하기
① 법치국가의 원리와 의회
② 국회의원 소환제 도입
③ 면책특권의 한계
④ 사드배치와 국회 동의
⑤ 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
‣생각더하기
① 인사청문회, 인격살인 vs 철저한 검증
② 기업인 사면
‣법원
‣생각더하기
① 평시의 군사법원은 폐지해야
② 인공지능과 법률가의 사고단계
③ 인공지능이 법조인을 대신할 수 있을까.
④ 제4차 산업혁명 시대와 법률가의 역할
‣선거관리
문제 99> 투표의무제 ····································································382
‣생각더하기
① 투표율도 ‘부익부 빈익빈’
② 정의, 아니 대의란 무엇인가
③ 대의제와 추첨제
‣지방자치
문제 100> 지방자치단체장에 대한 주민소환제 ·····························388
문제 101> 지방정부 파산제도 도입. ·············································390
‣생각더하기
① 행정자치부의 『지방재정 개편안』 논란
② 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
‣생각더하기
① 리니언시 제도와 전속고발권
② ‘군함도’ 스크린 독점 논란
③ ‘규제프리존 특별법’ 재논의
④ 무역이득공유제 딜레마
⑤ 대형마트 의무휴업일·영업시간 제한
⑥ 규제의 역설
⑦ ‘은산분리’ 규제 완화
⑧ 경제민주화란 무엇인가
⑨ 김영란법이 농축산업 죽인다?
⑩ 사회적가치기본법
⑪ 개인정보유출 문제로 본 징벌적손해배상과 집단소송제도
‣ 헌법개정
‣생각더하기
① 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
‣생각더하기
① 막스 베버의 ‘합리주의와 관료제’
② 통신사와 ‘신뢰보호원칙’
③ 부당결부금지와 민원 변환소 설치
④ 오원춘 사건과 국가배상청구
⑤ 메르스 환자, 국가 상대 손해배상 청구 가능할까?
⑥ 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
‣생각더하기
① 민법의 기본원리
② 신의성실의무와 ‘약관’
③ 전기요금 누진제와 신의성실의무
④ 착오에 의한 취소
⑤ 훈민정음 상주본 환수문제
⑥ 사기도박과 불법원인급여
⑦ 자율주행차 교통사고 법적책임
⑧ 4차 산업혁명과 사법의 과제
⑨ ‘황필상법’ 도입, “세금폭탄 해소” vs “대기업 악용”
⑩ 가업상속공제 축소
⑪ 신해철법과 의료분쟁 조정
⑫ 환경소송에서의 증명책임
⑬ 제조물 책임법
⑭ 유책배우자 이혼청구 사건
⑮ 일본 강제징용 손해배상 소송 ⑯ 보험가입 2년 경과 후 자살 사고의 재해사망 보상 여부 ⑰ 폭스바겐 사태와 소비자집단소송 ⑱ 집단소송제 도입 논의 ⑲ 리쌍사건으로 보는 권리금 ⑳ 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
① 롬브로소의 ‘선천적 범죄자’
② 도둑과 정당방위
③ 인천 초등생 살인과 심신미약
④ 황제노역의 진실
⑤ 사실적시 명예훼손죄 폐지 논의
⑥ 조영남 ‘대작’사건의 사기죄 성립여부
⑦ 명의신탁엔 안전장치가 없다.
⑧ 음주측정 거부
⑨ 현행범으로 잡힌 몰카범 ‘무죄’(위법수집증거배제법칙)
⑩ 세월호 사건에 대한 대법원 판결
⑪ 미필적 고의
⑫ ‘이해충돌방지 조항’ 등 보완 필요
⑬ 청탁금지법(일명 김영란법) 사건 합헌 결정
⑭ 청탁금지법-1
⑮ 청탁금지법-2 ⑯ 일상에 드리운 감청 불안 ⑰ 형사 미성년자 ‘면죄부’ 논란 ⑱ ‘소년법 엄벌화’ 논란 ⑲ 음주운전 처벌범위 지나친 확대 ‘위헌소지’ ⑳ ‘국정농단’ 핵심 혐의 ‘직권남용’ ㉑ ‘이재용 재판’ 최대 쟁점은 뇌물죄 성립 여부
‣국제법
문제 1> 절도범이 반입한 문화재급 불상 반환여부 ·························594
‣생각더하기
① 일본의 자위권 주장
② 노동착취와 방글라데시 딜레마
③ 현대판 그리스 비극 읽기
④ 동조여래입상 일본 반환 결정.
⑤ 난민법, 그 후 2년
⑥ 시리아난민 문제 해법
⑦ 영해에 좌초된 보물선의 소유권
⑧ 영국 민주주의의 실패
⑨ 브렉시트, 민주주의의 실패라고?
⑩ 미국 파리기후협약 탈퇴와 공유지의 비극
⑪ 트럼프 정책의 딜레마와 한국 정부에 주는 시사점
‣공공갈등
‣생각더하기
① 새로운 국가 원리, ‘거버넌스’
② 집단지성과 집단사고
③ 하버마스의 의사소통 상황
④ 원자력발전소 공사재개여부와 공론화위원회
⑤ 국책사업 추진상의 합리적인 갈등 해결 방법
⑥ 재산권 보장 vs 님비
⑦ 해결을 위한 절차
