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2021 교원임용 법집중반 교재

2021 교원임용 법집중반 교재

  • 정인홍
  • |
  • 가치산책컴퍼니
  • |
  • 2020-03-05 출간
  • |
  • 480페이지
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  • 190 X 260 mm
  • |
  • ISBN 9791196971212
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목차


제1편 / 법일반론 13
제1장 법의 의의와 구조 ·········································································14
제2장 법의 해석과 적용 ·········································································22
제3장 법률관계와 권리?의무 ··································································24
제4장 법문화 ···························································································26
기출문제 ···································································································27

제2편 / 민법 33
제1장 민법 총칙 ······················································································34
제1절 민법의 법원과 체계 ·································································34
Ⅰ. 민법 제1조 ·······················································································34
Ⅱ. 민법의 법원의 종류 ·········································································34
Ⅲ. 민법의 체계 ······················································································34
제2절 민법의 기본원리(2004기출)(2003기출) ··································35
Ⅰ. 근대민법의 기본원리 ·······································································35
Ⅱ. 근대민법의 기본원리의 수정 ··························································35
제3절 권리와 의무 ··············································································37
Ⅰ. 법률관계의 구성요소 : 권리와 의무 ·············································37
Ⅱ. 권리 ···································································································37
Ⅲ. 의무 ···································································································38
Ⅳ. 권리의 행사와 의무의 이행 ··························································38
제4절 권리의 주체 ··············································································41
Ⅰ. 자연인 ·······························································································41
Ⅱ. 법인 ···································································································48
제5절 권리의 객체(2020기출) ····························································49
Ⅰ. 권리의 객체의 의의 ·········································································49
Ⅱ. 물건 ···································································································49
제6절 권리의 변동 ··············································································50
Ⅰ. 총설 ···································································································50
Ⅱ. 법률행위(2012기출)(2009기출) ······················································50
Ⅲ. 의사표시 ···························································································51
Ⅳ. 무효와 취소 ······················································································52
Ⅴ. 조건과 기한(법률행위의 부관) ·······················································53
제2장 물권법 ···························································································54
제1절 물권 일반 ·················································································54
Ⅰ. 물권의 의의 ······················································································54
Ⅱ. 물권의 종류 ······················································································54
제2절 물권의 변동 ··············································································55
Ⅰ. 물권변동의 원인 ··············································································55
Ⅱ. 물권의 공시제도 ··············································································55
Ⅲ. 공시의 원칙 ····················································································56
Ⅳ. 공신의 원칙 ······················································································56
Ⅴ. 부동산등기 ························································································56
Ⅵ. 2중매매 ·····························································································57
제3절 점유권 ·······················································································59
Ⅰ. 개념 : 물건에 대한 사실상의 지배만으로 성립하는 물권 ··········59
Ⅱ. 효력 ···································································································59
제4절 소유권(2015기출)(2013기출) ···················································60
Ⅰ. 소유권의 내용 : 사용, 수익, 처분 ················································60
Ⅱ. 소유권의 취득 ··················································································60
Ⅲ. 공동소유 ···························································································61
제5절 용익 물권(2015기출)(2013기출) ·············································62
Ⅰ. 지상권 ·······························································································62
Ⅱ. 지역권 ·······························································································62
Ⅲ. 전세권 ·······························································································63
제6절 담보물권(2015기출)(2013기출) ···············································63
Ⅰ. 물적담보제도와 인적담보제도 ························································63
Ⅱ. 담보물권의 특성 ··············································································63
Ⅲ. 유치권 ·······························································································64
Ⅳ. 질권 ···································································································64
Ⅴ. 저당권 ·······························································································65
제3장 채권 총칙 ······················································································66
제1절 채권의 효력 ··············································································66
Ⅰ. 채무불이행과 그 구제 ·····································································66
Ⅱ. 책임재산의 보전 ··············································································67
제2절 채권의 소멸 ··············································································68
Ⅰ. 변제 ···································································································68
Ⅱ. 대물변제 ···························································································68
Ⅲ. 공탁 ···································································································68
Ⅳ. 상계 ···································································································68
Ⅴ. 갱개(更改) ·························································································68
Ⅵ. 면제 ···································································································68
Ⅶ. 혼동 ···································································································69
Ⅷ. 기타의 소멸원인 ··············································································69
제4장 채권 각칙 ······················································································70
제1절 계약2총칙 ·················································································70
Ⅰ. 계약의 개념 ····················································································70
Ⅱ. 계약의 종류 ······················································································70
Ⅲ. 계약의 성립 ······················································································70
Ⅳ. 쌍무계약의 효력 ··············································································70
Ⅴ. 계약의 해제와 해지 ·········································································71
제2절 계약 각칙 ·················································································73
Ⅰ. 증여 ···································································································73
Ⅱ. 매매 ···································································································73
Ⅲ. 교환 ···································································································74
Ⅳ. 소비대차 ···························································································74
Ⅴ. 사용대차 ···························································································74
Ⅵ. 임대차 ·······························································································74
Ⅶ. 고용 ···································································································78
Ⅷ. 도급 ···································································································78
Ⅸ. 현상광고 ···························································································78
Ⅹ. 위임 ···································································································78
ⅩⅠ. 임치 ·································································································78
ⅩⅡ. 조합 ·································································································78
ⅩⅢ. 종신정기금 ······················································································78
ⅩⅣ. 화해 ·································································································79
ⅩⅤ. 여행계약 ·························································································79
제3절 사무관리 ···················································································80
Ⅰ. 의의 ···································································································80
Ⅱ. 성립요건 ···························································································80
제4절 부당이득(2008기출) ·································································80
Ⅰ. 의의 ···································································································80
Ⅱ. 효과 ···································································································80
Ⅲ. 불법원인급여 ··················································································80
제5절 불법행위(2018기출)(2010기출) ···············································82
Ⅰ. 의의 ·································································································82
Ⅱ. 성립요건 ···························································································82
Ⅲ. 효과 : 손해배상의무와 손해배상청구권 발생 ······························83
Ⅳ. 특수불법행위 ····················································································85
제5장 친족?상속법 ··················································································88
제1절 혼인 ··························································································88
Ⅰ. 혼인의 성립 요건 ············································································88
Ⅱ. 혼인의 효과(2013기출) ···································································88
Ⅲ. 사실혼 ·······························································································91
Ⅳ. 혼인의 무효와 취소 ·········································································91
제2절 이혼(2011기출)(2010기출) ······················································92
Ⅰ. 의의 ·································································································92
Ⅱ. 종류(방법 ························································································92
Ⅲ. 이혼의 효과 ····················································································94
제3절 부모와 자 ·················································································95
Ⅰ. 친생자 ·······························································································95
Ⅱ. 양자 ·································································································96
Ⅲ. 친권 ·································································································98
Ⅳ. 자의 성과 본 ····················································································99
제4절 친족관계 ·················································································100
Ⅰ. 친족의 범위 ··················································································100
Ⅱ. 부양관계 ·························································································100
제5절 상속(2017기출)(2014기출)(2007기출) ··································101
Ⅰ. 상속 일반 ·······················································································101
Ⅱ. 법정상속 ·······················································································104
Ⅲ. 유언(2009기출) ··············································································105
Ⅳ. 유류분제도 ·····················································································107
Ⅴ. 특별수익자의 상속분 ·····································································108
Ⅵ. 기여분 ·····························································································108
Ⅶ. 상속인의 부존재 ············································································108
기출문제 109

제3편 / 헌법 131
제1장 헌법 서론 ···················································································132
제1절 헌법의 의의 ············································································132
Ⅰ. 역사적 발전과정에 따른 헌법 개념 ·············································132
Ⅱ. 헌법의 종류 ···················································································133
Ⅲ. 헌법의 특성 ···················································································134
제2절 헌법의 제정과 개정 ·······························································135
Ⅰ. 헌법의 제정 ···················································································135
Ⅱ. 헌법의 개정 ···················································································136
제3절 헌법의 보장 ············································································137
Ⅰ. 대한민국 헌법의 헌법보장제도 ····················································137
Ⅱ. 방어적 민주주의 ············································································140
제2장 대한민국 헌법 ············································································142
제1절 대한민국의 국가형태 ·····························································142
Ⅰ. 국가의 구성요소(주권, 국민, 영토) ·············································142
Ⅱ. 대한민국의 국가형태 ···································································144
제2절 대한민국 헌법의 기본원리 ····················································144
Ⅰ. 헌법전문 ·························································································144
Ⅱ. 헌법의 기본원리 ············································································145
제3절 대한민국의 기본질서 ·····························································148
Ⅰ. 정치질서 ·······················································································148
Ⅱ. 사회?경제 질서 ··············································································149
Ⅲ. 국제질서 ·························································································151
제4절 대한민국의 기본제도 ·····························································154
Ⅰ. 정당제도 ·························································································154
Ⅱ. 선거제도 ·························································································157
Ⅲ. 공무원제도 ·····················································································166
Ⅳ. 지방자치제도 ··················································································167
제3장 기본권 총론 ················································································172
제1절 기본권 서론 ············································································172
Ⅰ. 기본권 보장의 역사적 전개 ··························································172
Ⅱ. 기본권과 제도보장 ·········································································173
제2절 기본권의 법적 성격 ·······························································174
Ⅰ. 기본권의 주체 ··············································································174
Ⅱ. 기본권의 효력 ················································································176
Ⅲ. 기본권의 제한 ················································································179
Ⅳ. 기본권의 침해와 구제 ···································································183
제4장 기본권 각론 ················································································184
제1절 포괄적 기본권 ········································································184
Ⅰ. 인간의 존엄과 가치(2007기출) ····················································184
Ⅱ. 행복추구권(2012기출) ···································································186
Ⅲ. 평등권 ·····························································································187
제2절 자유권적 기본권 ····································································192
Ⅰ. 신체에 관한 자유와 권리(2013기출)(2003기출) ························192
Ⅱ. 사회?경제적 자유 ··········································································202
Ⅲ. 정신적 자유 ···················································································209
제3절 생존권적 기본권 ····································································217
Ⅰ. 생존권의 연혁과 종류 ···································································217
Ⅱ. 자유권적 기본권과 생존권적 기본권의 관계 ······························217
Ⅲ. 인간다운 생활을 할 권리 ·····························································218
Ⅳ. 교육을 받을 권리 ··········································································218
Ⅴ. 근로의 권리 ···················································································221
Ⅵ. 근로3권 ···························································································222
Ⅶ. 경권 ································································································226
Ⅷ. 혼인?가족?모성?보건에 관한 권리 ··············································227
제4절 청구권적 기본권 ····································································227
Ⅰ. 의미 및 성질 ··················································································227
Ⅱ. 청원권 ·····························································································227
Ⅲ. 재판청구권(2012기출) ···································································228
Ⅳ. 형사보상청구권 ··············································································230
Ⅴ. 국가배상청구권 ··············································································231
Ⅵ. 범죄피해자의 구조청구권(2010기출) ···········································231
제5절 참정권적 기본권 ····································································232
Ⅰ. 선거권 ·····························································································232
Ⅱ. 공무담임권 ·····················································································232
Ⅲ. 국민표결권(국민투표권)(2014기출) ··············································233
제6절 국민의 기본의무 ····································································234
Ⅰ. 고전적 의무 ···················································································234
Ⅱ. 새로운 의무 ···················································································235
제5장 통치구조의 조직원리 ·································································236
제1절 대의제(국민대표주의) ······························································236
제2절 권력분립주의(2018기출)(2002기출) ········································237
제6장 통치기구 ·····················································································238
제1절 입법부 ·····················································································238
Ⅰ. 국회의 구성 ···················································································238
Ⅱ. 국회의 조직 ···················································································238
Ⅲ. 국회의 운영 ···················································································239
Ⅳ. 국회의 권한(2019기출) ·································································241
Ⅴ. 국회의원의 지위와 특권 ·······························································245
Ⅵ. 국회의원직 상실 사유 ···································································248
제2절 ?N悶대통령 ·····················································································249
Ⅰ. 대통령의 지위 ················································································249
Ⅱ. 대통령의 권한 ················································································249
제3절 행정부 ·····················································································252
Ⅰ. 국무총리 ·························································································252
Ⅱ. 국무위원 ·························································································253
Ⅲ. 국무회의 ·························································································253
Ⅳ. 행정각부 ·························································································254
Ⅴ. 대통령의 자문기관 ·········································································254
Ⅵ. 감사원 ·····························································································254
Ⅶ. 선거관리위원회 ··············································································255
제4절 사법부 ·····················································································255
Ⅰ. 사법의 특성 ···················································································255
Ⅱ. 사법권의 한계(법원의 관할의 한계) ············································256
Ⅲ. 법원의 헌법상 지위 ·······································································257
Ⅳ. 법원의 조직과 구성 및 권한 ························································257
Ⅴ. 사법의 절차와 운영 ·······································································259
Ⅵ. 사법권의 독립 ················································································260
제5절 헌법재판소(2016기출)(2013기출)(2012기출)(2009기출) ·····262
Ⅰ. 헌법재판소의 조직과 운영 ····························································262
Ⅱ. 위헌법률심판권 ··············································································263
Ⅲ. 탄핵심판권(2004기출) ···································································268
Ⅳ. 위헌정당의 해산심판권 ·································································270
Ⅴ. 권한쟁의심판권(2015기출)(2003기출) ·······································270
Ⅵ. 헌법소원심판(2020기출) ·······························································273
Ⅶ. 권리구제형 헌법소원(2010기출)(2001기출)(2002. 공사 기출) 274
Ⅷ. 위헌심사형 헌법소원 ·····································································281
기출문제 283

제4편 / 형법 303
제1장 형법의 기본이론 ·········································································304
제1절 형법의 기본 개념 ···································································304
Ⅰ. 형법의 개념 ···················································································304
Ⅱ. 형법의 기능 ···················································································304
제2절 형법의 발달 ············································································306
제3절 죄형법정주의 ··········································································306
Ⅰ. 목적 ································································································306
Ⅱ. 형식적 의미 ···················································································306
Ⅲ. 실질적 의미 ···················································································307
Ⅳ. 사상적 기초 ···················································································307
Ⅴ. 죄형 법정주의의 원칙(2019기출)(2018기출)(2013기출) ···········307
제4절 형벌이론 ·················································································308
Ⅰ. 응보형주의 ·····················································································308
Ⅱ. 목적형주의 ·····················································································308
제2장 형법의 적용범위 ·········································································310
제1절 형법의 시간적 적용범위 (2019기출) ····································310
Ⅰ. 입법주의 ·························································································310
Ⅱ. 우리 형법의 태도 ··········································································310
제2절 형법의 장소적 적용범위 ························································311
Ⅰ. 입법주의 ·························································································311
Ⅱ. 우리 형법의 태도 ··········································································311
제3장 범죄 ····························································································312
제1절 실질적 범죄개념과 형식적 범죄개념(2013기출) ··················312
Ⅰ. 실질적 범죄개념 ············································································312
Ⅱ. 형식적 범죄개념 ············································································312
Ⅲ. 결론 ································································································312
제2절 범죄의 성립요건?처벌조건?소추조건 ····································313
Ⅰ. 범죄의 성립요건(2013기출)(2011기출) ·······································313
Ⅱ. 범죄의 처벌조건(2020기출) ·························································320
Ⅲ. 범죄의 소추조건 ············································································321
제3절 공범(2020기출) ······································································322
Ⅰ. 공범의 개념 ···················································································322
Ⅱ. 정범(正犯) ······················································································322
Ⅲ. 협의의 공범 ···················································································322
Ⅳ. 정범과 공범의 구별기준 ·······························································323
제4절 특수한 범죄유형 ····································································324
Ⅰ. 과실범 ·····························································································324
Ⅱ. 결과적 가중범(고의+과실) ····························································325
Ⅲ. 부작위범 ·························································································326
제5절 보호법익과 범죄 ····································································327
Ⅰ. 개인적 법익에 대한 죄 ·································································327
Ⅱ. 사회적 법익에 대한 죄 ·································································327
Ⅲ. 국가적 법익에 관한 죄 ·································································327
제4장 형벌 ····························································································328
Ⅰ. 의의 ································································································328
Ⅱ. 형벌의 종류 ···················································································328
Ⅲ. 형의 적용 ·······················································································329
Ⅳ. 형의 가중과 감경 ··········································································330
제5장 미성년자의 형사상 보호 ····························································332
Ⅰ. 형사 미성년자 (14세 미만) : 형벌의 대상이 되지 않는다. ·····332
Ⅱ. 소년범의 취급(2009기출) ·····························································332
제6장 형법 각론 ···················································································336
제1절 생명과 신체에 대한 죄 ·························································336
Ⅰ. 살인의 죄 ·······················································································336
Ⅱ. 상해와 폭행의 죄(2010기출) ·······················································336
Ⅲ. 과실치사상의 죄(2010기출) ·························································337
Ⅳ. 낙태의 죄 ·······················································································338
Ⅴ. 유기와 학대의 죄 ··········································································338
제2절 자유에 대한 죄 ······································································339
Ⅰ. 협박의 죄 ·······················································································339
Ⅱ. 체포와 감금의 죄 ··········································································339
Ⅲ. 약취와 유인의 죄 ··········································································340
Ⅳ. 강요의 죄 ·······················································································340
Ⅴ. 강간과 추행의 죄 ··········································································340
제3절 명예와 신용에 대한 죄 ·························································342
Ⅰ. 명예에 관한 죄(2010기출) ···························································342
Ⅱ. 신용?업무와 경매에 관한 죄 ························································343
제4절 사생활의 평온에 대한 죄 ······················································344
Ⅰ. 비밀침해의 죄 ················································································344
Ⅱ. 주거침입의 죄 ················································································344
제5절 재산에 대한 죄 ······································································344
Ⅰ. 절도와 강도의 죄 ··········································································344
Ⅱ. 사기와 공갈의 죄 ··········································································346
Ⅲ. 횡령과 배임의 죄 ··········································································347
Ⅳ. 장물에 관한 죄 ··············································································347
Ⅴ. 손괴의 죄 ·······················································································348
Ⅵ. 권리행사를 방해하는 죄 ·······························································348
제6절 공공의 안전과 평온에 대한 죄 ·············································348
Ⅰ. 공안을 해하는 죄 ··········································································348
Ⅱ. 폭발물에 관한 죄 ··········································································349
Ⅲ. 방화와 실화의 죄 ··········································································349
Ⅳ. 일수와 수리에 관한 죄 ·································································350
Ⅴ. 교통방해의 죄 ················································································350
제7절 공공의 신용에 대한 죄 ·························································351
Ⅰ. 통화에 관한 죄 ··············································································351
Ⅱ. 유가증권, 우표와 인지에 관한 죄 ···············································351
Ⅲ. 문서에 관한 죄 ··············································································352
Ⅳ. 인장에 관한 죄 ··············································································352
제8절 공공의 건강에 대한 죄 ·························································353
Ⅰ. 음용수에 관한 죄 ··········································································353
Ⅱ. 아편에 관한 죄 ··············································································353
제9절 사회의 도덕에 대한 죄 ·························································354
Ⅰ. 성풍속에 관한 죄 ··········································································354
Ⅱ. 도박과 복표에 관한 죄 ·································································354
Ⅲ. 신앙에 관한 죄 ··············································································355
제10절 국가의 존립과 권위에 대한 죄 ···········································355
Ⅰ. 내란의 죄 ·······················································································355
Ⅱ. 외환의 죄 ·······················································································355
Ⅲ. 국기에 관한 죄 ··············································································356
Ⅵ. 국교에 관한 죄 ··············································································356
제11절 국가의 기능에 대한 죄 ·······················································357
Ⅰ. 공무원의 직무에 관한 죄 ·····························································357
Ⅱ. 공무방해에 관한 죄 ·······································································358
Ⅲ. 도주와 범인은닉의 죄 ···································································359
Ⅳ. 위증과 증거인멸의 죄 ···································································359
Ⅴ. 무고의 죄 ·······················································································359
기출문제 360

제5편 / 행정법 369
제1장 행정법 서론 ················································································370
제1절 행정의 분류 - 상대방에 대한 효과에 따른 분류 ···············370
제2절 행정법의 의의 ········································································370
Ⅰ. 행정법의 개념 ················································································370
Ⅱ. 행정법의 분류 ················································································370
제3절 행정법의 기본 원리와 일반원칙 ···········································371
Ⅰ. 행정법의 기본 원리 ·······································································371
Ⅱ. 행정법의 일반원칙 ·········································································372
제4절 행정상 법률관계 ····································································374
Ⅰ. 행정상 법률관계의 의의 ·······························································374
Ⅱ. 행정법관계의 당사자 ·····································································374
Ⅲ. 행정기관 ·························································································375
Ⅳ. 행정법관계의 특질 ·········································································376
제2장 행정작용법 ··················································································378
제1절 행정입법 ·················································································378
Ⅰ. 개설 ································································································378
Ⅱ. 법규명령 ·························································································378
Ⅲ. 행정규칙(행정명령) ········································································379
제2절 행정행위 ·················································································379
Ⅰ. 행정행위의 개념과 특수성 ····························································379
Ⅱ. 행정행위의 종류 ············································································381
Ⅲ. 행정행위의 하자 ············································································383
Ⅳ. 행정행위의 취소와 철회 ·······························································383
제3절 행정지도 ·················································································384
Ⅰ. 의의 ································································································384
Ⅱ. 필요성 ·····························································································384
Ⅲ. 문제점 ·····························································································384
제3장 행정의 실효성 확보 수단 ··························································386
제1절 행정상 강제집행 ····································································386
Ⅰ. 의의 ································································································386
Ⅱ. 다른 작용과 구별 ··········································································386
Ⅲ. 행정상 강제집행의 수단 ·······························································387
제2절 행정상 즉시강제 및 행정조사 ···············································388
Ⅰ. 행정상 즉시강제(2008기출) ·························································388
Ⅱ. 행정조사 ·························································································388
제3절 행정벌 389
Ⅰ. 행정벌의 의의 ················································································389
Ⅱ. 행정벌의 성질 ················································································390
Ⅲ. 행정벌의 종류 ················································································390
제4절 기타 행정의 실효성 확보 수단 ·············································391
Ⅰ. 과징금 ·····························································································391
Ⅱ. 부과금 ·····························································································392
Ⅲ. 가산세, 가산금 ··············································································392
Ⅳ. 그 밖의 수단 ··················································································393
제4장 행정구제법(행정구제제도) ··························································394
제1절 사전적 구제제도 ····································································394
Ⅰ. 청문 ································································································394
Ⅱ. 공청회 ·····························································································394
Ⅲ. 민원처리 ·························································································394
Ⅳ. 옴부즈맨 제도 ················································································394
제2절 사후적 구제제도 ····································································395
Ⅰ. 행정쟁송 ·························································································395
Ⅱ. 행정상 손해전보 ············································································398
기출문제 401

제6편 / 소송법?국제법 405
제1장 소송법 ·························································································406
Ⅰ. 심급제도와 재판의 원칙 ·······························································406
Ⅱ. 형사소송법(형사절차와 인권보장) ················································407
Ⅲ. 민사소송법(민사적인 분쟁해결 방법들) ·······································423
Ⅳ. 보충자료 ·························································································427
제2장 국제법 ·························································································430
기출문제 433

제7편 / 기타법 439
제1장 학교생활과 법 ············································································440
Ⅰ. 교육법 ·····························································································440
Ⅱ. 주요법률내용 ··················································································440
제2장 여성과 법 ···················································································442
제3장 소비자의 권리보호 ·····································································444
Ⅰ. 소비자보호기구 ··············································································444
Ⅱ. 소비자 보호에 관련된 법률 ··························································444
제4장 노동법 ·························································································450
제5장 환경과 법 ···················································································460
Ⅰ. 환경 관계법 ···················································································460
Ⅱ. 환경오염 피해와 법적 구제(2012기출)(2010기출) ····················460
제6장 법률 구조 제도와 지적 재산권 보호 ········································461
기출문제 465

교환 및 환불안내

도서교환 및 환불
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반품안내
  • 마이페이지 > 나의상담 > 1 : 1 문의하기 게시판 또는 고객센터 : 070-4821-5101
교환/반품주소
  • 부산광역시 부산진구 중앙대로 856 303호 / (주)스터디채널 / 전화 : 070-4821-5101
  • 택배안내 : CJ대한통운(1588-1255)
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