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2022 황변과 함께하는 로스쿨 면접 Q 1 2 3

2022 황변과 함께하는 로스쿨 면접 Q 1 2 3

  • 황정현,정동주,손영선
  • |
  • 법률저널
  • |
  • 2021-08-30 출간
  • |
  • 1672페이지
  • |
  • 206 X 266 mm
  • |
  • ISBN 9788963366388
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출판사서평

책을 내며

 

『이 책의 목표는 면접에 나올만한 모든 주제를 담는 것이 아니라, 면접장에서 무엇이 나오든 답할 수 있는 사고를 만드는 데 있습니다.』 면접 교재를 쓰는 일은 언제나 힘든 작업이란 생각이 듭니다. 방대한 내용을 정리하는 것도 어려운 일이지만, 이 책을 보실 분들의 합격에 조금이라도 도움이 되어야 한다는 부담감이 작업 내내 머리를 떠나지 않습니다. 책을 탈고한 이 순간에도 뭔가 부족하고 뭔가 더 손을 봐야하는 것 아닌가 하는 조바심이 듭니다. 아직도 부족한 점이 많지만, 『로스쿨 면접 Q』는 지난해 그 어느 때보다 큰 사랑을 받았습니다. 그렇다보니 올해 책을 만드는 일이 적지 않은 부담으로 다가왔습니다. 그럼에도 정말 많은 분들의 배려와 도움으로 개정판을 완성하게 되었습니다. 이번 개정판에서 중점적으로 보강한 부분은 크게 네 가지입니다.

 

첫째, 작년 강의를 바탕으로 수험생들에게 반드시 필요한 부분을 좀 더 보강했습니다. 수험생들이 로스쿨면접의 전반을 이해하기 쉽도록 로스쿨 관련 정보와 합격생들의 노하우를 더 정확히 담도록 노력했습니다. 특히 정보를 좀 더 효율적으로 볼 수 있도록 시각화 하는 작업에 공을 들였습니다. 둘째, 법학의 기초 지식과 연관된 시사이슈를 한 틀에서 준비할 수 있도록 구성하였습니다. 로스쿨 면접은 법학지식을 측정하기 위한 시험은 아니지만 면접관들은 수험생들의 법적 추론 능력을 보고자 합니다. 이를 위해 이 책에서는 기초적인 법학 지식과 함께 사회적으로 주목받은 판결이나 쟁점들을 보다 쉽게 정리하였습니다. 아울러 입학 후에도 도움이 될 수 있도록 법학부분의 내용을 체계적으로 보강하였습니다. 셋째, 책을 세권으로 분권하여 준비단계마다 활용할 수 있도록 재구성하였습니다. 지원자의 면접 준비 과정을 「① 학교선정 및 자기소개서 작성 ② 면접을 위한 기본 지식 정리 ③ 실전 연습」등 크게 세 단계 나누었습니다. 각 단계 필요한 정보를 분류하여 가이드북, 법학사고력, 워크북 형태로 만들었습니다. 특히 3권에는 현장 수업 문제자료를 수록하여 스터디나 모의면접에 활용할 수 있도록 하였습니다. 넷째, 스터디나 독학으로 책을 활용하시는 분들을 위해 단원마다 학습목표를 제시해 두었습니다. 단원마다 핵심쟁점을 파악하고 연관된 기출문제를 함께 연습한다면 책을 통해서도 실전훈련이 가능할 것입니다.

 

아울러 꼭 말씀드리고 싶은 것은, 이 책에는 많은 법조인, 언론인 그리고 각 분야의 전문가들의 글과 기사가 인용되어 있습니다. 원칙적으로 모든 문장에 인용표시를 기재해야하나 교재로서의 기능을 유지하기 위해서 간략하게 ‘출처’를 소개하는 방식으로 편집했습니다. 이 자리를 통해서 원저자님들께 양해의 말씀을 드리겠습니다. 책을 만들면서 훌륭하신 분들의 글을 통해 조금 더 성장할 수 있었음에 감사의 말씀을 드리겠습니다. 강의를 7년째 하는 지금도 로스쿨 합격의 비법은 모르겠습니다. 다만 한발 먼저 로스쿨 입시를 경험한 사람으로서 기출 관련 정보를 분석하고 많은 합격생의 조언을 모아서 제시하는 것이 수험생들에게는 가장 효과적인 대비법이라 생각합니다. 이 책은 저자를 비롯하여 많은 합격생들의 경험과 지식을 모은 책입니다. 학문적 깊이나 내용의 전문성은 다른 서적에 비해 부족할 수 있지만, 직접 시험을 준비하고 겪어 본 사람들이 고민하여 만든 책인 만큼 좀 더 실용적인 가이드북이 될 것이라 생각합니다.

 

최근 들어 법조계에 대한 부정적인 전망이 그 어느 때보다 많이 들려오는 것 같습니다. 그러나 자신의 확고한 꿈이 법조인이라면 주변 분위기에 상관하지 말고 최선을 다해 면접시험을 준비하시길 바랍니다. 로스쿨 입시는 운이 좋아야 한다는 사람도 있고, 어차피 합격할 수 있는 사람은 정해져 있다고 말하는 사람도 있습니다. 그렇다고 여러분의 미래를 운에만 맡길 수는 없습니다. 저는 행운도 열심히 노력하는 사람에게 먼저 찾아오는 것이라고 믿고 있습니다. 지금부터라도 자신의 열정과 능력을 모두 쏟아 내셨으면 합니다. 저자처럼 부족한 사람도 로스쿨을 나와서 변호사가 되었다는 사실을 잊지 마시길 바랍니다. 많은 수험생들이 면접시험을 부담스럽게 생각합니다. 그러나 준비하고 노력한 사람은 어려운 상황에서도 반드시 길을 찾아낼 수 있습니다. 이미 수험생 여러분의 내면에 가득 차 있는 지식과 열정을 잘 다듬어서 면접장에서 보여 주면 반드시 좋은 결과가 올 것이라 확신합니다. 부디 이 책을 보는 모든 수험생들과 수업을 듣는 수강생들과 내년 법조윤리 수업에서 재회하길 기도하겠습니다. 가까운 미래에 판사, 검사 그리고 변호사가 되신 여러분을 법정에서 뵙게 되는 모습을 그리며!

 

2021년 7월 황 정 현 변호사 올림

목차


01

PART01 / 로스쿨 면접,
어떻게 준비할 것인가?
chapter 01 로스쿨 면접이란 ···········································8
01 로스쿨 면접이란 ··············································8
02 2022학년도 면접시험의 변화와 전망 ···············8
03 2021학년도 입시 결과 분석 ··························11
chapter 02 면접 진행 과정 ···········································14
01 서류전형 ·······················································14
02 서류전형 주의사항 ·········································15
03 심층면접 ······················································17
chapter 03 면접 전략 ···················································22
01 면접시험 준비 노하우 ····································22
02 스터디 ···························································33
chapter 04 커뮤니케이션 스킬 ······································44
01 면접과 커뮤니케이션 ·····································44
02 커뮤니케이션 스킬 ·········································45
03 면접 복장 ······················································54
chapter 05 자기소개서 작성 ·········································60
01 자기소개서에 대하여 ·····································60
02 자기소개서 작성 순서 ····································62
03 자기소개서 작성 시 유의사항 ·························67
04 자기소개서 항목별 작성법 ·····························78
05 항목별 작성례 ················································88
06 법조인 진로탐색 ··········································103
07 학업계획서 작성 참고 자료 ··························112

PART 02 / 2022학년도
로스쿨 전형 및 입시가이드
chapter 01 2022학년도 로스쿨 전형 기본 계획 및 모집 요강
········································································120
01 최적의 학교를 정하기 위한 TIP ····················120
02 2022학년도 로스쿨 전형 기본 계획 및 모집 요강················122
chapter 02 로스쿨 최종 합격생 자료 분석
“수험생이 묻고 통계로 답한다!” ··················130
chapter 03 최종합격자 통계 분석 / 최근 5개년 출신학부 현황········160

02

PART03 / 윤리적 딜레마
chapter 01 윤리적 딜레마란? ·········································2
01 윤리적 딜레마의 의미 ·······································2
02 윤리적 딜레마를 고민해야 하는 이유 ················3
chapter 02 문제해결을 위한 기본적인 윤리설 ·················6
01 공리주의 ··························································6
02 의무론 ·····························································7
03 롤스의 정의론 ················································10
04 자유주의와 공동체주의 ··································11
05 상황윤리 ·······················································14
chapter 03 윤리적 딜레마 해결모델 ······························16
chapter 04 윤리적 딜레마 해결을 위한 다양한 접근법 · 20
01 샌델식 토론 ···················································20
02 ‘트롤리’ 문제를 통한 실전 훈련 ······················22
03 콜버그의 도덕발달이론 ··································25
04 4차 산업 혁명(인공지능)과 윤리적 딜레마 ·····28
05 코로나와 윤리적 딜레마 ·································37

PART04 / 공공갈등 문제 해결
chapter 01 공공갈등 문제와 법조인의 역할 ··················44
01 공공갈등 개념 ················································44
02 갈등 해결 문제와 법조인의 자질 ····················45
chapter 02 공공갈등의 분석과 접근 방법 ······················48
01 공공갈등의 특징 ············································48
02 공공갈등의 해결방안 ·····································49
03 공공갈등의 해결사례 ·····································56
04 출제경향과 대비방법 ·····································62

PART 05 / 법의 기초
chapter 01 법의 의의와 기능 ········································68
01 법의 의의 ······················································68
02 법의 기능 ······················································70
chapter 02 법과 도덕 ···················································78
01 법과 도덕의 관계 ···········································78
02 법과 도덕의 충돌 ··········································80
chapter 03 법의 이념 ·················································116
01 정의 ····························································117
02 합목적성 ·····················································134
03 법적 안정성 ·················································135
04 법이념의 상호관계 ······································135
05 법이념과 공공복리 ······································135
06 형식적(절차적) 정의와 실질적(실체적) 정의 136
chapter 04 법의 종류와 분류 ······································156
01 법의 종류 ····················································156
02 법의 분류 ····················································159
chapter 05 법의 해석과 적용 ······································162
01 법의 해석 ····················································162
02 법의 적용 ····················································167
chapter 06 사법제도 ··················································172
01 들어가며 ·····················································172
02 법원과 판사 ·················································173
03 검찰과 검사 ·················································197
04 변호사 ·························································212
chapter 07 법조윤리 ·················································222
01 들어가며 ·····················································222
02 변호사와 의뢰인과의 관계 ···························225
03 변호사의 진실의무 ······································233
04 변호사의 비밀유지의무 ·······························235
05 변호사의 이익충돌회피 의무 ························241
06 품위유지의무 ··············································247
07 기업변호사의 위법행위 감시의무 ·················249
08 법관과 검사의 윤리 ·····································250

PART06 / 헌 법
chapter 01 헌법의 기본원리 - 헌법전문 ·····················260
01 총강 ····························································260
chapter 02 기본권의 보장 ··········································292
01 인간의 존엄과 가치·행복추구권·평등권 ······296
02 자유권적 기본권 ··········································384
03 정치적 권리 ·················································480
04 청구권적 기본권 ··········································483
05 사회적 기본권 ·············································494
06 기본권의 제한 ·············································582
07 기본의무 ·····················································583
chapter 03 국회 ·························································602
chapter 04 정부 ·························································612
01 대통령 ·························································612
02 행정부 ·························································618
chapter 05 법원 ·························································620
chapter 06 헌법재판소 ···············································628
chapter 07 선거관리 ··················································630
chapter 08 지방자치 ··················································638
chapter 09 경제 ·························································646
chapter 10 헌법개정 ··················································692

PART07 / 행정법
chapter 01 행정법이란? ············································698
01 개념과 법원 ·················································698
chapter 02 행정상의 법의 일반원칙 ···························702
01 비례원칙 ·····················································702
02 신뢰보호의 원칙 ··········································704
03 자기구속의 원칙 ··········································707
04 부당결부금지의 원칙 ···································708
chapter 03 행정작용 ··················································712
01 행정입법 ·····················································712
02 행정행위 ·····················································713
03 실효성 확보수단 ··········································714
chapter 04 사후적 구제수단 ·······································716
01 행정상 손해전보 ··········································716
02 행정상 손실보상 ··········································722
03 행정쟁송 ·····················································725
PART 08 / 민사법
chapter 01 민법이란 ··················································730
01 민법이란? ···················································731
02 민법의 체계 및 구성 ····································732
chapter 02 민법총칙 ··················································734
01 민법의 일반원칙 (통칙) ·······························734
02 인(人) ·························································736
chapter 03 물권 ·························································744
01 총칙 ····························································744
02 점유권 ·························································744
03 소유권 ·························································747
04 용익물권 및 담보물권 ··································749
chapter 04 채권총칙 ··················································750
01 채권의 목적 ·················································750
02 채권의 효력 ·················································750
03 수인의 채권자 및 채무자 ·····························751
04 채권양도와 채무인수 ···································751
05 채권의 소멸 ·················································751
06 지시채권과 무기명채권 ·······························751
chapter 05 채권각칙 ··················································752
01 계약 ····························································753
02 사무관리 ·····················································756
03 부당이득 ·····················································757
04 불법행위 ·····················································760
chapter 06 친족·상속 ················································766
01 혼인 ····························································766
02 상속 ····························································768
chapter 07 민사소송법의 이해 ···································776
01 민사소송의 의의와 4대 이상 ························776
02 민사소송에 갈음하는 재판 외 분쟁해결제도 · 778
03 당사자 ·························································779
04 소송심리의 과정과 증거법 ···························780
05 불복신청제도 ··············································782
06 판결의 효력 ·················································782
chapter 08 민사법 관련쟁점 ·······································784
01 손해배상과 담배소송 ··································784
02 키코판결로 본 계약의 원칙 ··························786
03 자기책임의 원칙의 적용여부 (카지노이용자) 788
04 이혼소송ㆍ 유책주의 vs 파탄주의 ··················790
05 구하라법 ·····················································792
06 가ㅣ습기살ㅣ균제 사건 관련 징벌적 손해배상과 집단소송 ·····················796
07 젠트리피케이션 ···········································803

PART09 / 형사법
chapter 01 형법이란 ··················································808
01 형법이란? ···················································808
02 형법의 체계 및 구성 ····································812
chapter 02 범죄와 형벌 ··············································816
01 범죄개념 ·····················································816
02 형벌과 보안처분 ··········································816
03 사회통제수단으로서 형법의 과제 ·················817
chapter 03 죄형법정주의와 형법의 효력 ····················818
01 죄형법정주의 ··············································818
02 형법의 효력 ·················································820
chapter 04 범죄의 성립과 실현단계 및 참가형태 ·······824
01 범죄의 성립요건 ··········································825
02 범죄의 실현단계 ··········································835
03 범죄의 참가형태 ··········································836
04 형벌 (형사제재) ···········································838
chapter 05 국가적·사회적 법익에 대한 범죄 ··············842
01 국가적 법익에 대한 죄 ·································842
02 사회적 법익에 대한 죄 ·································843
chapter 06 개인적 법익에 대한 범죄 ··························846
01 개설 ····························································846
02 인격적 법익에 대한 죄 ·································846
03 재산적 법익에 대한 죄 ·································851
chapter 07 형사소송법의 이해 ···································856
01 형사소송법이란? ·········································856
02 수사와 공판 ·················································859
chapter 08 형사법 관련 쟁점 ······································870
01 소년범 엄벌화 (형사미성년자 연령 하향) ·····870
02 심신미약 범죄에 대한 감경규정 ··················876
03 불법촬영(몰래카메라) 범죄와 법적 방안 ······883
04 n번방 사건 ··················································888
05 아동학대 사건과 예방대책 ···························891
06 청탁금지법 (김영란법)과 이해충돌방지법 ····894
07 권력형 성범죄와 성인지 감수성 ···················900
08 ‘민식이법’ ···················································907

PART 10 / 국제법
chapter 01 국제법의 이해 ··········································914
01 국제법의 의의 ·············································914
02 국제법과 국내법의 관계 ······························914
03 국제법의 법원 ·············································915
04 국제사법재판소 ···········································916
chapter 02 국제법 주요 쟁점 ······································920
01 인도주의적 개입 ··········································920
02 자위권 ·························································924
03 한·일 외교 갈등과 ‘국가면제’ ······················926
04 난민문제 ·····················································932
05 투자자-국가 분쟁해결 제도(ISDS) 논란 ······935
06 남중국해 중재판결과 이어도 ························937
07 브렉시트(Brexit)를 통해 본 민주주의 ··········938
08 코로나 19 이후의 세계 (탈세계화와 미·중 갈등)
···································································941
09 글로벌 법인세 도입 ·····································946
10 문화재 반환 ·················································950

쟁점 차례
PART03 윤리적 딜레마
chapter 01 윤리적 딜레마란?
chapter 02 문제해결을 위한 기본적인 윤리설
ㆍ생각더하기
① 키케로 『의무론』·············································································8
② 현대 덕(德) 윤리의 특징 ······························································12
chapter 03 윤리적 딜레마 해결모델
ㆍ생각더하기
③ 고문은 정당화될 수 있는가? ························································19
chapter 04 윤리적 딜레마 해결을 위한 다양한 접근법
ㆍ생각더하기
④ 인공지능과 윤리원칙 ···································································29
⑤ 인공지능의 폭주 막을 3대 원칙 ···················································30
⑥ 자율주행차의 딜레마 ···································································31
⑦ 자율주행차의 판단에 따른 사고 발생 시 법적 책임 ·····················33
⑧ 킬러로봇, 윤리적 논란 심화 ·························································33
⑨ ‘이루다’ 논란과 인공지능 윤리 ····················································35
⑩ AI 면접과 편향성 ········································································36
⑪ 코로나19: 살릴 자와 죽을 자를 결정해야 하는 의사들의 고민 ····37
⑫ 의료자원의 공정한 분배 ······························································38
⑬ 코로나19 : 백신 접종 순서는? ····················································40

PART04 공공갈등 문제 해결
chapter 01 공공갈등 문제와 법조인의 역할
chapter 02 공공갈등 분석과 접근 방법
ㆍ생각더하기
① 새로운 국가 원리, ‘거버넌스’ ······················································50
② 집단지성과 집단사고 ··································································51
③ 칼 포퍼 《열린사회와 그 적들》·····················································51
④ 하버마스의 의사소통 상황 ···························································52
⑤ 갈등 해결 새 통로 공론화위윈회 ··················································53
⑥ 공론화 두려움은 민주주의 두려움이다 ········································55
⑦ 국책사업 추진상의 합리적인 갈등 해결 방법 ·······························60
⑧ 재산권 보장 vs 님비 ····································································61
⑨ 갈등해결을 위한 절차 ··································································64

PART05 법의기초
chapter 01 법의 의의와 기능
문제 1〉 사적 정의실현 (법철학-1) ··················································73
문제 2〉 인터넷을 이용한 사적처벌 (법철학-2) ································73
ㆍ생각더하기
① 함무라비법과 탈리오 법칙 ···························································69
② 한비자의 법치(法治) ····································································71
③ 디지털교도소와 사적 응징 ···························································74
④ 배드파더스와 강남패치 ·······························································74
⑤ 사적 복수로 내모는 사회 ·····························································76
chapter 02 법과 도덕
문제 3〉 8촌 이내 혈족 사이의 혼인 금지 (법철학-3) ·······················83
문제 4〉 도덕의 강제화 (법철학-4) ··················································93
문제 5〉 착한 사마리아인법 (구조의무의 법제화) (법철학-5) ···········99
문제 6〉 형법의 과잉 도덕화 (법철학-6) ········································101
문제 7〉 불효자방지법 도입 (법철학-7) ·········································103
ㆍ생각더하기
⑥ 소크라테스의 법치 ·······································································80
⑦ 친족상도례 폐지 논쟁 ··································································84
⑧ 민법상 ‘부모 징계권’ 삭제 ··························································85
⑨ 호주제 위헌결정으로 살펴 본 전통과 관습의 한계 ······················86
⑩ 명예살인(도덕범죄) ····································································87
⑪ 프랑스의 ‘부르카 금지법’을 둘러싼 인권 논란 ···························89
⑫ ‘히잡’의 진정한 의미 ···································································90
⑬ 개고기 논쟁 ················································································91
⑭ 경범죄처벌법과 후견주의 ····························································94
⑮ 스토킹 처벌법 ··············································································94
ㆍ 데이트폭력방지법과 클레어법 ····················································96
ㆍ ‘가스라이팅’, 정신적 학대도 범죄다! ·········································97
ㆍ 착한 사마리아법 (구조의무법) ··················································100
ㆍ 인성교육진흥법 논란 ································································102
ㆍ ‘불효자방지법’의 쟁점 ······························································104
ㆍ 데블린 vs 하트 ··········································································107
ㆍ 밀이 주장하는 자유의 의미 ·······················································108
ㆍ 드워킨의 ‘원칙에 따른 판결’ ·····················································111
ㆍ 『안티고네』를 통해 배우는 법의 본질 ········································112
ㆍ 친일판사 : 서울고등법원 2013누38082 판결 ························113
ㆍ 아렌트와 악의 평범성 ·······························································113
ㆍ 『국가』에 나타난 소크라데스의 정의 ·········································119
ㆍ 무지의 베일 실험 ······································································121
ㆍ 롤스의 절차적 정의 ···································································121
ㆍ 롤스의 「정의론」과 세 가지 논쟁 ···············································123
ㆍ 자유지상주의 -노직과 흄의 ‘정의’ ···········································123
ㆍ 정의로운 마스크 분배 방법 ·······················································125
ㆍ 마이클 샌델 “코로나19 이후, 모두가 함께 사는 세상으로 재편돼야”················126
ㆍ 무엇이 ‘공정한’ 백신 접종일까? ···············································127
ㆍ 지나친 합목적성의 위험성을 보여 준 사례 ·······························134
ㆍ 정의는 어떻게 세워지는가? ······················································137
ㆍ 콜하스와 저항권 ·······································································139
ㆍ 사회계약설과 법치주의 ·····························································140
ㆍ 소급입법 논의- 공무원 범죄에 관한 몰수 특례법, LH사태와 소급처벌규정 ················143
ㆍ 태완이법 제정과 정은희양 사건 ················································145
ㆍ 연쇄살인범 이춘재와 사법정의 ·················································146
ㆍ 대법원 2009다72599: 울산 국민보도연맹 사건 ····················148
ㆍ 잇따른 과거사건 재조사, “법질서 혼란 우려” vs “정의 구현” ··149
ㆍ 여순사건 민간인 희생자, 71년 만에 재심결정 ··························150
ㆍ 조지 폴로이드 사건과 역사 인물 지우기 논란 ···························151
ㆍ 현재 잣대로 심판받는 위인들 ···················································152
ㆍ 정의연 사태 - 사적영역의 공적책무 ·········································153
ㆍ 정의연 사태를 보는 전문가 견해 ···············································154
chapter 03 법의 이념
문제 8〉 시민불복종운동 (법철학-8) ·············································137
문제 9〉 소급입법 제정(친일행위자 재산환수) (법철학-9) ·············141
문제 10〉 강력범죄에 대한 공소시효 폐지 (법철학-10) ·················144
chapter 04 법의 종류와 분류
ㆍ생각더하기
ㆍ ‘딸들의 반란’ 판례로 살펴 본 관습법 ········································158
ㆍ 대륙법과 영미법 ·······································································160
chapter 05 법의 해석과 적용
ㆍ생각더하기
ㆍㆍㆍㆍ 부부강간죄 판례로 살펴 본 법률해석 ·······································164
chapter 06 사법제도
문제 11〉 상고법원 설치를 둘러싼 공방 (기초법학-1) ···················189
문제 12〉 미국식 배심원제 도입 필요성 (기초법학-2) ···················191
문제 13〉 원로판사제 도입 (기초법학-3) ·······································196
문제 14〉 플리바게닝 법제화 (기초법학-4) ··································202
문제 15〉 수사권·기소권 분리 (기초법학-5) ·································206
문제 16〉 특별검사제 도입 (기초법학-6) ·······································209
문제 17〉 자치경찰제 도입 (기초법학-7) ·······································209
ㆍ생각더하기
ㆍㆍㆍㆍ 사법부에 대한 비난과 비판 사이 ··············································174
ㆍㆍㆍㆍ 시적 정의(Poetic Justice) ·······················································174
ㆍㆍㆍㆍ 법관탄핵 ···················································································176
ㆍㆍㆍㆍ 재판중계 -“재판권 침해 vs 국민의 알권리” ·····························177
ㆍㆍㆍㆍ 미확정 판결문 공개, ‘공개재판주의’ vs ‘개인정보보호’ ···········179
ㆍㆍㆍㆍ 상고심 제도 개선 논의 ······························································188
ㆍㆍㆍㆍ 국민참여재판제도의 쟁점 ·························································192
ㆍㆍㆍㆍ 뚜렷해진 사법 개혁의 필요성 ···················································193
ㆍㆍㆍㆍ 사법권 독립성 강화 방안 ··························································194
ㆍㆍㆍㆍ ‘법왜곡죄’ 도입 ········································································195
ㆍㆍㆍㆍ 공수처법 출범 ···········································································201
ㆍㆍㆍㆍ 검·경수사권 조정안에 대한 평가 ··············································205
ㆍㆍㆍㆍ 검찰 수사심의위원회 ································································208
ㆍㆍㆍㆍ ‘자치경찰제 도입!?’ ··································································210
ㆍㆍㆍㆍ ‘섀터드 글라스’와 변호사 등록 거부 시비(是非) ·······················213
ㆍㆍㆍㆍ ‘형사공공변호인’ 도입 ······························································214
ㆍㆍㆍㆍ 변호사 강제주의 도입 ·······························································215
ㆍㆍㆍㆍ 규제 갈림길에 놓인 ‘리걸테크’ ·················································216
ㆍㆍㆍㆍ 변호사 vs 플랫폼 업체 변호사도 삼키나 ··································216
ㆍㆍㆍㆍ 로톡 “변호사도 사업자” vs 변협 “변호사는 상인이 아니다” ···218
ㆍㆍㆍㆍ 법률시장 완전 개방 우물 안 벗어날 기회 ··································220
ㆍㆍㆍㆍ 왜 법조인이 되려는가? ·····························································220
chapter 07 법조윤리
문제 18〉 국익에 반하는 사건의 수임행위 (법조윤리-1) ················227
문제 19〉 변호사의 비밀유지 의무 (법조윤리-2) ···························236
문제 20〉 퇴임 대법관 변호사 개업 제한 (법조윤리-3) ··················244
문제 21〉 법관의 SNS 등을 통한 의견표명 제한 (법조윤리-4) ·······251
ㆍ생각더하기
ㆍㆍㆍㆍ 법조윤리 딜레마 상황의 윤리적 함의와 해결 원칙 ···················223
ㆍㆍㆍㆍ 사회적 비난을 받는 의뢰인이라면 ············································226
ㆍㆍㆍㆍ 대형로펌과 변호사윤리 ····························································228
ㆍㆍㆍㆍ 공익 소송 위축시키는 ‘패소자부담주의’ ··································229
ㆍㆍㆍㆍ 형사 성공보수약정 무효 판결 ···················································231
ㆍㆍㆍㆍ 변호사의 성공보수 ···································································232
ㆍㆍㆍㆍ 미국의 표준규칙1ㆍ6(b) ····························································235
ㆍㆍㆍㆍ 의뢰인의 비밀 보호를 위한 법 개정 ·········································238
ㆍㆍㆍㆍ 금융당국 vs 변호사·회계사, 재차 불거진 ‘돈세탁방지 의무’ 논란
··································································································240
ㆍㆍㆍㆍ 의뢰인 보호와 이익충돌회피 의무 ············································243
ㆍㆍㆍㆍ 전관예우의 유형과 대책 ···························································243
ㆍㆍㆍㆍ 전관예우에 관하여 ···································································245
ㆍㆍㆍㆍ 공직자윤리법과 금감원 변호사들 ·············································246
ㆍㆍㆍㆍ 변호사 광고의 기준과 한계 ·······················································247
ㆍㆍㆍㆍ 존댓말 판결문 ···········································································252
ㆍㆍㆍㆍ 법복 대여의 의미 ······································································252
ㆍㆍㆍㆍ 검사동일체 원칙과 검사의 항명 ················································255
ㆍㆍㆍㆍ 검찰총장 퇴임 후 정치금지는 위헌이 됐지만ㆍ ··························255

PART 06 헌법
chapter 01 헌법의 기본원리 - 헌법전문
문제 1〉 친일행위자 현충원 이장 논란 (헌법의 기본원리-1) ··········261
문제 2〉 중국인 특혜 논란 국적법 개정안 (헌법의 기본원리-2) ······264
문제 3〉 북한주민의 유산상속 (헌법의 기본원리-3) ·······················273
문제 4〉 실향민의 토지소유권 (헌법의 기본원리-4) ·······················274
문제 5〉 대북전단살포 허용 (헌법의 기본원리-5) ··························275
문제 6〉 인도적 대북지원 허용 (헌법의 기본원리-6) ······················276
문제 7〉 이주 외국인 근로자의 헌법상 권리와 이직제한 규정 (헌법의기본원리-7) ···········279
문제 8〉 초·중등교원의 정치활동제한 (헌법의 기본원리-8) ···········284
문제 9〉 통합진보당 해산심판청구 (헌법의 기본원리-9) ················288
ㆍ생각더하기
① 피히테, 톨스토이, 르낭의 세 가지 애국심 ·································263
② 국적법 논란에 비친 혐오의 자화상 ············································265
③ ‘유승준법’ 추진 논란 ·································································266
④ 난민문제에 대한 여러 가지 시각 ···············································268
⑤ 난민 받으면 국가 경제에 도움 된다ㆍ ·········································270
⑥ 통일 비용과 평화유지비용 ························································276
⑦ 한일 위안부 합의의 법률적 검토 ···············································278
⑧ 외국인 근로자 임금 차등, “낮은 생산성” vsㆍ “법적 근거 없어” 282
⑨ 저출산 해법? 이민 수용 고려 ····················································283
⑩ 공무원 정치활동 보장 ································································286
⑪ 공무원의 ‘정치 중립의무’ 도마에 ·············································287
⑫ 블랙리스트와 ‘예술가 권익보장법’ 제정 ···································289
⑬ 봉준호 감독과 블랙리스트 ························································290
chapter 02 기본권의 보장
- 인간의 존엄성
문제 1〉 존엄사 (안락사) 허용 (인간의 존엄성-1) ··························297
문제 2〉 사형제 존치 (인간의 존엄성-2) ········································303
문제 3〉 장기매매 (인간의 존엄성-3) ············································308
문제 4〉 대리모 계약 허용 (인간의 존엄성-4) ································310
문제 5〉 정자 기증 방식의 비혼 출산 (인간의 존엄성-5) ················312
문제 6〉 성매매 비범죄화 (인간의 존엄성-6) ·································313
문제 7〉 (인간배아를 비롯한) 생명과학 연구에 대한 법적 규제 (인간의존엄성-7) ········316
- 인격권
문제 8〉 학생에 대한 교사의 체벌 (인격권-1) ································320
문제 9〉 청소년 성매수자 신상공개제도 (인격권-2) ·······················324
- 행복추구권
문제 10〉 공중이용시설 흡연금지 조례 (자기결정권/행복추구권-1)330
문제 11〉 게임중독 질병코드 도입 (자기결정권/행복추구권-2) ·····333
문제 12〉 내국인 출입가능 ‘오픈 카지노’ 도입 (자기결정권/행복추구권
-3) ·······························································································335
문제 13〉 대마흡연 금지 (자기결정권/행복추구권-4) ···················336
문제 14〉 반려견 보유세 도입 (자기결정권/행복추구권-5) ············345
- 평등권
문제 15〉 여성 징병제 (평등권-1) ·················································351
문제 16〉 장애인 고용할당제 (평등권-2) ·······································357
문제 17〉 인천국제공항공사 정규직 전환 (평등권-3) ····················363
문제 18〉 블라인드 채용 (평등권-4) ·············································367
문제 19〉 성전환자 군복무 논란 (평등권-5) ··································373
- 자유권적 기본권
문제 20〉 성충동 약물치료(화학적 거세) (자유권적 기본권-1) ·······388
문제 21〉 사법입원제 도입 (자유권적 기본권-2) ···························390
문제 22〉 성범죄자에 대한 전자발찌착용 (자유권적 기본권-3) ······391
문제 23〉 백신 여권 도입 (자유권적 기본권-4) ······························392
문제 24〉 의무재직약정이나 전직금지약정 (자유권적 기본권-5) ···393
문제 25〉 공유숙박 영업 허용 (자유권적 기본권-6) ·······················397
문제 26〉 노키즈존 확대 (자유권적 기본권-7) ·······························401
문제 27〉 수술실 내 CCTV 설치 (자유권적 기본권-8) ····················404
문제 28〉 어린이집 CCTV 설치 의무화 (자유권적 기본권-9) ·········406
문제 29〉 자가격리자 안심밴드 (자유권적 기본권-10) ··················409
문제 30〉 범죄자에 대한 DNA 정보 수집 (자유권적 기본권-11) ····411
문제 31〉 애플 잠금해제 (자유권적 기본권-12) ····························414
문제 32〉 휴대전화 감청 허용 문제 (자유권적 기본권-13) ·············415
문제 33〉 도청으로 얻은 자료를 보도할 수 있는가 (자유권적 기본권-14)··············417
문제 34〉 일과 후 병 휴대전화 사용 (자유권적 기본권-15) ············417
문제 35〉 교내 휴대폰 사용 허가 여부 (자유권적 기본권-16) ········419
문제 36〉 군사기밀이라는 보안상의 이유로 국민의 알권리를 제한하는 일(자유권적 기본권-17)····427
문제 37〉 음란물 규제 (자유권적 기본권-18) ································427
문제 38〉 언론의 연예인 사생활 관련 보도 (자유권적 기본권-19) · 428
문제 39〉 잊혀질 권리 (자유권적 기본권-20) ································429
문제 40〉 성소수자 ‘퀴어 축제’ 허용 (자유권적 기본권-21) ··········454
문제 41〉 특허법상 강제실시권 (자유권적 기본권-22) ··················457
문제 42〉 그린벨트나 자연환경지구 지정 (자유권적 기본권-23) ···474
문제 43〉 전·월세 상한제 시행 (자유권적 기본권-24) ···················474
문제 44〉 다주택 고위공무원 주택 처분명령 논란 (자유권적 기본권-25)·························478
- 정치적 권리
문제 45〉 수형자에 대한 선거권 제한 (정치적 권리-1) ··················480
문제 46〉 재외국민에게 투표권 (정치적 권리-2) ···························481
- 청구권적 기본권
문제 47〉 로비스트 합법화 (청구권적 기본권-1) ···························484
문제 48〉 흉악범 신상 공개 (청구권적 기본권-2) ··························489
- 사회권적 기본권
문제 49〉 자율형 사립고·특수목적고 폐지 (사회권적 기본권-1) ····498
문제 50〉 기여입학제 (사회권적 기본권-2) ···································500
문제 51〉 수능 절대평가 전환 (사회권적 기본권-3) ·······················501
문제 52〉 선행학습금지법 (사회권적 기본권-4) ····························502
문제 53〉 무상급식 축소 (사회권적 기본권-5) ·······························504
문제 54〉 최저임금 인상 (사회권적 기본권-6) ·······························513
문제 55〉 정리해고 (사회권적 기본권-7) ······································519
문제 56〉 근로자이사제(노동이사제) 도입 (사회권적 기본권-8) ····520
문제 57〉 임금피크제 도입 (사회권적 기본권-9) ···························521
문제 58〉 선택적 복지 → 보편적 복지 (사회권적 기본권-10) ········533
문제 59〉 기본소득제 도입-1 (사회권적 기본권-11) ····················534
문제 60〉 기본소득제 도입-2 (사회권적 기본권-12) ····················535
문제 61〉 전국민 고용보험제 도입 (사회권적 기본권-13) ··············540
문제 62〉 청년구직활동지원금 지급 (사회권적 기본권-14) ···········542
문제 63〉 노인연령 상향 (사회권적 기본권-15) ····························543
문제 64〉 지하철무임승차 노인연령 상향 (사회권적 기본권-16) ···544
문제 65〉 개발 vs 보전 (사회권적 기본권-17) ······························552
문제 66〉 탈원전 정책 (사회권적 기본권-18) ································558
문제 67〉 비혼 가정에 대한 제도적 지원 (사회권적 기본권-19) ·····569
문제 68〉 GMO 완전표시제 도입 논란 (사회권적 기본권-20) ·······572
문제 69〉 무면허 의료행위 금지 (사회권적 기본권-21) ·················573
문제 70〉 의대 정원 증원 (사회권적 기본권-22) ···························577
문제 71〉 영리의료법인의 도입 (사회권적 기본권-23) ··················578
문제 72〉 의료민영화 논란 (사회권적 기본권-24) ·························579
문제 73〉 원격(비대면)진료제 도입 (사회권적 기본권-25) ············580
- 기본의무
문제 74〉 고소득층 소득세율 인상 (누진세 강화) (기본의무-1) ······583
문제 75〉 부동산 보유세 인상 (기본의무-2) ··································586
문제 76〉 법인세 인상 문제 (기본의무-3) ······································589
문제 77〉 종교인 과세 (기본의무-4) ·············································592
문제 78〉 로봇세 도입 (기본의무-5) ············································593
문제 79〉 설탕세 도입 (기본의무-6) ·············································596
문제 80〉 이공계 병역특례 폐지 (기본의무-7) ·······························597
문제 81〉 모병제 vs 징병제 (기본의무-8) ·····································600
문제 82〉 제대군인가산점제도 (기본의무-9) ·································601
ㆍ생각더하기
① 기본권이 충돌할 때 ···································································293
② 예링이 말하는 “권리” ································································293
③ 팬데믹 이후의 법학 그리고 변호사 ············································294
④ 존엄사법 그리고 안락사 ····························································298
⑤ 헌법재판소, ‘낙태죄’ 헌법불합치 ··············································300
⑥ 사라지는 ‘낙태죄’ ·····································································302
⑦ 나라슈퍼사건·김신혜 사건과 오판가능성 ·································304
⑧ 흉악범 사형제 도입 ···································································305
⑨ 절대적 종신형 ···········································································306
⑩ 재심과 박준영 변호사 ································································307
⑪ 프랑스 새 장기기증법과 우리나라 장기이식법 ··························309
⑫ 대리모 출산 ···············································································311
⑬ 성매매 여성 자활 지원 논란 ······················································315
⑭ ‘유전자 가위’ 논쟁 ····································································317
⑮ 샌델과 생명공학에 대한 질문들-1 ············································319
ㆍ 샌델과 생명공학에 대한 질문들-2 ···········································319
ㆍ 학교폭력자치위원회와 학교폭력 해결방안 ·······························321
ㆍ ‘최숙현 선수’ 사건으로 본 스포츠계 만연된 폭력 ····················322
ㆍ 인권위 “국가고시 시험장서 용변 보게 한 건 인권 침해” ··········326
ㆍ ‘리얼돌’, 개인의 자유 vs 여성의 존엄성 훼손 ···························326
ㆍ 퍼블리시티권 ············································································328
ㆍ 청소년의 성적자기결정권과 그루밍 성범죄 ······························328
ㆍ 셧다운제 헌재 결정과 중독법 ···················································331
ㆍ "셧다운제", "10년만에 다시 존폐논란 ········································332
ㆍ 의료용 대마 합법화 2년째 ························································337
ㆍ 공문서 작성 및 국어교육의 한글전용 위헌여부(국어기본법) ····338
ㆍ 전동킥보드 관련 규제 ·······························································339
ㆍ 채식 선택권은 기본권? ·····························································340
ㆍ 중국, 폭식 먹방에 벌금·행정처분 ·············································342
ㆍ 동물 처우 개선하자 ···································································342
ㆍ 반려동물 분쟁 증가와 사고견 안락사 ········································344
ㆍ 동물복지와 안전한 먹거리 ························································346
ㆍ 동물원 폐지 ···············································································347
ㆍ 실험 동물을 위한 ‘동물 복지’ ····················································348
ㆍ 찰스 모리스 vs 국세청장 케이스 ··············································350
ㆍ 동일기준으로 시험 보는 ‘경찰 체력검정’ ··································352
ㆍ 여성할당제는 필요한가ㆍ ····························································352
ㆍ 페미니즘의 역사와 한국의 페미니즘 ·········································354
ㆍ “펜스룰? 여성과 일하는 법, 모르면 배워야” ····························356
ㆍ 장애인 차별금지금지법 ·····························································358
ㆍ 나의 몸값을 매기는 기울어진 저울 ···········································360
ㆍ 청년할당제와 평등권 ································································361
ㆍ 비정규직 공무원과 역차별 ························································362
ㆍ 인천국제공항 사태를 보는 세 가지 시선 ···································364
ㆍ 지역인재 채용 가산점 부여, “균형발전” VS “역차별” ·············365
ㆍ ‘적극적 우대조치’, 내용의 평등 실현 위해 도입된 장치 ············368
ㆍ ‘조지 플로이드 사건’으로 본 미국 내 인종차별 ························371
ㆍ 성소수자 차별에 대한 두 가지 사건 ··········································374
ㆍ 차별의 종착점이 증오범죄다 ····················································376
ㆍ 차별금지법 개정 ·······································································377
ㆍㆍㆍㆍ 혐오의 위험성 ···········································································378
ㆍㆍㆍㆍ 코로나19시대의 평등의 의미 ···················································380
ㆍㆍㆍㆍ “나도 언제든 차별 대상될 수 있다” ··········································381
ㆍㆍㆍㆍ ‘코로나 차별’은 결국 소수자 차별이다 ·····································382
ㆍㆍㆍㆍ 코로나 백신, 강제접종 가능할까?! ···········································386
ㆍㆍㆍㆍ 조현병 치료와 인권침해 ···························································389
ㆍㆍㆍㆍ 관피아 척결과 직업선택의 자유 ················································394
ㆍㆍㆍㆍ 공유경제 ···················································································395
ㆍㆍㆍㆍ “공유경제는 공유하지 않는다ㆍ” ···············································396
ㆍㆍㆍㆍ 승차공유업체와 택시업계의 갈등 ·············································398
ㆍㆍㆍㆍ ‘타다 금지법’ 합헌 결정 ···························································399
ㆍㆍㆍㆍ 인권위 ‘노키즈존 영업 말라’ 권고 ············································401
ㆍㆍㆍㆍ 직장인의 유튜버 활동과 겸업 금지 ···········································402
ㆍㆍㆍㆍ 공무원, 군인 유투버의 겸직금지 제한 ······································403
ㆍㆍㆍㆍ 환자권리 보호 vs 의사의 직업의 수행의 권리 ··························405
ㆍㆍㆍㆍ ‘자유 vs 안전’ 논쟁을 넘어 ‘코로놉티콘’을 막아라 ··················407
ㆍㆍㆍㆍ QR코드와 사생활 비밀과 자유 침해 ·········································410
ㆍㆍㆍㆍ 개인정보 보호와 데이터 활용 ···················································412
ㆍㆍㆍㆍ 핸드폰 위치추적 수사는 헌법불합치 ········································416
ㆍㆍㆍㆍ 헌법재판소, 양심적 병역거부 관련 결정과 대체 복무제 ···········420
ㆍㆍㆍㆍ ‘종교의 자유’에 관한 두 가지 판례 ···········································422
ㆍㆍㆍㆍ 코로나19와 종교의 자유 ··························································422
ㆍㆍㆍㆍ "종교의 자유" vs "공공의 복리" ···················································423
ㆍㆍㆍㆍ 존 밀턴 《아레오파지티카》························································424
ㆍㆍㆍㆍ 표현의 자유의 한계 ··································································426
ㆍㆍㆍㆍ 누가 공인인가? ·········································································429
ㆍㆍㆍㆍ 잊혀질 권리를 보장할 것인가 ···················································430
ㆍㆍㆍㆍ ‘제국의 위안부’는 표현의 자유 한계 일탈인가? ·······················431
ㆍㆍㆍㆍ ‘표현의 자유’ 보호대상일까 ·····················································432
ㆍㆍㆍㆍ 5·18역사왜곡처벌법 ·······························································434
ㆍㆍㆍㆍ 가짜뉴스의 개념 ·······································································437
ㆍㆍㆍㆍ 가짜뉴스 대응방식, 미국 “기업·언론의 팩트체크”, 유럽·한국 “법·제도적 제재” ······438
ㆍㆍㆍㆍ 혐오발언 처벌법에 대한 두 가지 생각 ······································440
ㆍㆍㆍㆍ 혐오표현은 무죄? ·····································································441
ㆍㆍㆍㆍ 영화 ‘청년경찰’ 과 혐오표현 ····················································441
ㆍㆍㆍㆍ 인터넷 댓글 실명제와 혐오사이트 폐쇄 ····································442
ㆍㆍㆍㆍ 인터넷 준실명제 (일명: 설리법) ···············································444
ㆍㆍㆍㆍ 징벌적 손해배상 들여다보기 ····················································447
ㆍㆍㆍㆍ 1인 미디어 시대’ 발전 위해선 무엇이 개선돼야 할까 ···············449
ㆍㆍㆍㆍ 공짜뉴스 막는 ‘한국판 구글법’ ················································451
ㆍㆍㆍㆍ 유튜브 만 14세 미만 라이브 제한 ············································451
ㆍㆍㆍㆍ 인터넷 포털과 인터넷 개인방송 규제와 플랫폼 중립성 ············452
ㆍㆍㆍㆍ 집회의 자유 ··············································································455
ㆍㆍㆍㆍ 집시법 제10조 한정위헌결정 ···················································456
ㆍㆍㆍㆍ ‘코로나19 백신은 공공재일까’ ·················································458
ㆍㆍㆍㆍ 구글 도서검색 서비스의 공정성 ················································460
ㆍㆍㆍㆍ 저작권의 의미
ㆍ 구름빵과 삼고무 ·············································461
ㆍㆍㆍㆍ 작품과 작가는 분리되는가 ························································462
ㆍㆍㆍㆍ 인공지능(AI) 시대의 저작권법 ·················································463
ㆍㆍㆍㆍㆍㆍ ‘이루다’ 사건을 통해 살펴본 AI 스타트업의 개인정보 보호 관련 규제대응방안 ····464
ㆍㆍㆍㆍㆍㆍ 포지티브규제와 네거티브 규제 ·················································466
ㆍㆍㆍㆍㆍㆍ 인보사 사태와 규제완화 ···························································466
ㆍㆍㆍㆍㆍㆍ 메타버스의 성공요건과 법적쟁점 ·············································467
ㆍㆍㆍㆍㆍㆍ 4차 산업혁명에 관한 세 가지 착각 ···········································469
ㆍㆍㆍㆍㆍㆍ ‘4차 산업혁명’에 맞서 싸워야 하는 이유 ··································470
ㆍㆍㆍㆍㆍㆍ AI 시대 딜레마 ‘프레카리아트’…해법은? ·······························471
ㆍㆍㆍㆍㆍㆍ 인권의 시각으로 보는 과학기술 ················································472
ㆍㆍㆍㆍㆍㆍ 주거복지로드맵에 ‘철학’을 담아라 ···········································475
ㆍㆍㆍㆍㆍㆍ ‘임대차3법’을 보는 다양한 시선 ··············································477
ㆍㆍㆍㆍㆍㆍ 만 18세 투표권은 줬지만 선거 교육은 없었다 ·························482
ㆍㆍㆍㆍㆍㆍ 청와대 국민청원 게시판 ··························································484
ㆍㆍㆍㆍㆍㆍ 피의사실공표 금지 강화 ···························································487
ㆍㆍㆍㆍㆍㆍ 기업수사와 언론보도 ································································490
ㆍㆍㆍㆍㆍㆍ 부작용 속출하는 ‘행정형 대체적 분쟁해결 (ADR)’ ··················491
ㆍㆍㆍㆍㆍㆍ 베트남 민간인 학살행위와 대한민국의 배상책임 ·····················492
ㆍㆍㆍㆍㆍㆍ 코로나 시대의 학교의 재발견 ···················································497
ㆍㆍㆍㆍㆍㆍ 교육의 평등권과 자립형 사립고 ················································498
ㆍㆍㆍㆍㆍㆍ “금수저 대학 없애 평등 실현” vs “인재양성 포기땐 국력 약화”500
ㆍㆍㆍㆍㆍㆍ 사립유치원의 공공성 ································································503
ㆍㆍㆍㆍㆍㆍ 비정규직, 시간제근로자 문제 ···················································506
ㆍㆍㆍㆍㆍㆍ 비정규직 파견법, 19세 청년의 죽음이 외치는 ‘메시지’ ···········507
ㆍㆍㆍㆍㆍㆍ ‘비정규직 문제 : 무엇이 문제이고 어떻게 풀어야 할 것인가?’ · 508
ㆍㆍㆍㆍㆍㆍ 공공 부문 비정규직정규직으로 전환 정책 논란 ························510
ㆍㆍㆍㆍㆍㆍ 주당 52시간제 확대실시 ··························································511
ㆍㆍㆍㆍㆍㆍ 중대재해기업 처벌법 ································································517
ㆍㆍㆍㆍㆍㆍ AI시대 일자리, 노동개혁서 나온다 ···········································520
ㆍㆍㆍㆍㆍㆍ 직장 내 괴롭힘 방지법 ······························································522
ㆍㆍㆍㆍㆍㆍ 갑질과 인권경영 ·······································································524
ㆍㆍㆍㆍㆍㆍ 경비노동자에 대한 주민 갑질의 원인과 대책 ····························526
ㆍㆍㆍㆍㆍㆍ "늘어난 플랫폼 노동자 위한 노동법 필요" ·······························527
ㆍㆍㆍㆍㆍㆍ 플랫폼 노동의 규모와 실태, 법 이슈 ·········································528
ㆍㆍㆍㆍㆍㆍ ‘플랫폼노동자’의 법적 지위 ·····················································529
ㆍㆍㆍㆍㆍㆍ 재택근무 매뉴얼 제정 ·······························································530
ㆍㆍㆍㆍㆍㆍ 산재유족 특별채용 ···································································531
ㆍㆍㆍㆍㆍㆍ 기본소득을 어떻게 볼까 ···························································536
ㆍㆍㆍㆍㆍㆍ 미국과 핀란드는 ‘기본 소득’ 실험 중 ·······································539
ㆍㆍㆍㆍㆍㆍ ‘전국민 고용보험’ 도입 ····························································541
ㆍㆍㆍㆍㆍㆍ 노인을 위한 나라 ······································································547
ㆍㆍㆍㆍㆍㆍ 세대 갈등과 세대 통합 ······························································548
ㆍㆍㆍㆍㆍㆍ 위험사회의 변증법…‘강남역 사건’ 의미와 과제 ·······················550
ㆍㆍㆍㆍㆍㆍ 깨끗한 공기를 호흡할 권리 ·······················································553
ㆍㆍㆍㆍㆍㆍ 환경관련사건과 사법부 ····························································553
ㆍㆍㆍㆍㆍㆍ 기후 대응 느린 국가·기업에 사법부 잇단 ‘채찍’ ······················554
ㆍㆍㆍㆍㆍㆍ ‘배출권 거래제’ 속 경제, 공유지의 비극과 코즈의 정리 ···········555
ㆍㆍㆍㆍㆍㆍ 미국 파리기후협약 탈퇴와 공유지의 비극 ································556
ㆍㆍㆍㆍㆍㆍ 기후변화가 정말 걱정스럽다면 ·················································557
ㆍㆍㆍㆍㆍㆍ 세종과 저출산 대책 ··································································560
ㆍㆍㆍㆍㆍㆍ 법조인들이 내놓은 저출산 대책 ················································561
ㆍㆍㆍㆍㆍㆍ 저출산·고령화, 유연근무제가 답이다 ·······································563
ㆍㆍㆍㆍㆍㆍ 동성부부의 혼인신고와 생활동반자법 ······································564
ㆍㆍㆍㆍㆍㆍ 비혼가정 방송출연 논란 ···························································570
ㆍㆍㆍㆍㆍㆍ 햄버거병과 식품안전·건강권 ···················································571
ㆍㆍㆍㆍㆍㆍ 타투 합법화와 무면허 의료행위 ················································574
ㆍㆍㆍㆍㆍㆍ ‘문재인 케어’ 엇갈린 평가 ························································575
ㆍㆍㆍㆍㆍㆍ 공공의료 복원 시작할 때 ··························································576
ㆍㆍㆍㆍㆍㆍ 소득세 면세자 축소법안 ···························································584
ㆍㆍㆍㆍㆍㆍ 부동산 보유세 인상 정책 ··························································586
ㆍㆍㆍㆍㆍㆍ 부동산 보유세 증세, 징벌 vs 공동체 규범 ································587
ㆍㆍㆍㆍㆍㆍ 피케티와 세금 ···········································································591
ㆍㆍㆍㆍㆍㆍ 소득주도 성장과 분수효과 ························································591
ㆍㆍㆍㆍㆍㆍ 로봇은 "인공적인 노동자"일까 "자본설비"일까 ···························594
ㆍㆍㆍㆍㆍㆍ 예술·체육인에 대한 병역특례제도 ···········································598
chapter 03 국회
문제 1〉 국회의원 정수를 늘려야 하나? (정치/통치기구-1) ···········604
문제 2〉 국회의원 국민소환제 (정치/통치기구-2) ·························606
문제 3〉 국회의원의 면책특권 제한 (정치/통치기구-3) ·················608
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① 법치국가의 원리와 의회 ····························································603
② 국회의원 소환제 도입 ································································604
③ 공천 자격시험(공직자격시험)과 민주주의 ································607
④ 면책특권의 한계 ········································································609
chapter 04 정부
문제 4〉 인사청문회에서의 후보자의 사생활 공개 (정치/통치기구-4)
························································································613
문제 5〉 대통령의 사면권 제한 (정치/통치기구-5) ························616
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① 인사청문회, 인격살인 vs 철저한 검증 ·······································613
② 인사청문회법 개정 , 21대 국회는 다를까 ·································614
③ 대통령 40세 제한 규정 ····························································615
④ 기업인 사면 ···············································································616
chapter 05 법원
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① 평시의 군사법원은 폐지해야 ·····················································621
② 공군 부사관 사망사건과 군사법원 ·············································621
③ 인공지능과 법률가의 사고단계 ·················································623
④ 인공지능이 법조인을 대신할 수 있을까 ····································625
⑤ 제4차 산업혁명 시대와 법률가의 역할 ······································626
chapter 06 헌법재판소
chapter 07 선거관리
문제 6〉 투표의무제 (정치/통치기구-6) ········································630
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① 투표율도 ‘부익부 빈익빈’ ··························································631
② 정의, 아니 대의란 무엇인가 ······················································634
③ 대의제와 추첨제 ········································································635
chapter 08 지방자치
문제 7〉 지방자치단체장에 대한 주민소환제 (정치/통치기구-7) ····638
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① 지방분권형 개헌 ········································································639
② 지방분권과 민주주의 ·································································641
③ 지방소멸과 메가시티 ·································································642
chapter 09 경제
문제 8〉 공공배달앱 (경제질서/규제-1) ········································652
문제 9〉 정부의 직·간접적인 가격규제 정책 (경제질서/규제-2) ····656
문제 10〉 중소기업 적합업종 법제화 (경제질서/규제-3) ···············660
문제 11〉 중소기업 취업자 재정 지원 (경제질서/규제-4) ··············665
문제 12〉 공기업 민영화 (경제질서/규제-5) ·································670
문제 13〉 가상화폐 과세 논란 (경제질서/규제-6) ·························674
문제 14〉 수도권 규제 정책 (경제질서/규제-7) ·····························686
문제 15〉 쌀보조금 지급 (경제질서/규제-8) ·································687
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① 경제민주화란 무엇인가 ·····························································647
② 매점매석과 공정거래법 및 물가안정법 ······································647
③ 플랫폼 기업, 무한혁신 vs 신종독점 ··········································648
④ ‘자물쇠 효과’와 공공배달앱 ······················································653
⑤ ‘어벤져스’ 스크린 독점 논란 ·····················································654
⑥ 리니언시 제도 ···········································································655
⑦ 대형마트 의무휴업일·영업시간 제한 ·······································657
⑧ 대기업 중고차시장 진출 ····························································661
⑨ 협력이익공유제를 바라보는 두 시선 ·········································663
⑩ 코로나 이익공유제! ···································································664
⑪ 사회적가치기본법 ·····································································666
⑫ 에산낭비 ····················································································667
⑬ 국민연금의 스튜어드십 코드(stewardship code) 도입 ··········668
⑭ 규제샌드박스의 명과 암 ····························································669
⑮ 텍사스 1100만원 전기료’ 뒤 에너지 민영화 그늘 ····················671
ㆍ 가상통화 논란 ···········································································671
ㆍ 넷플릭스법과 구글갑질방지법 ··················································675
ㆍ 규제의 역설 ···············································································676
ㆍ 강사법과 규제의 역설 ·······························································678
ㆍ “ESG, 핵심은 인권이다” ··························································679
ㆍ 경제 성곽시대 회귀 재앙, 문명적 퇴행 ······································681
ㆍ 케인스 정책 불가피하지만 ‘정부 비효율’ 막아야 한다ㆍ ·············681
ㆍ 토지 공개념을 헌법에 명시해야 하나 ········································683
ㆍ 불매운동의 딜레마 ····································································688
ㆍ 소비자 기본권과 소비자 보호법제 ············································690
chapter 10 헌법개정
문제 16〉 행정수도 이전 (헌법개정-1) ··········································693
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① 국회 이전과 행정 수도 ·······························································694

PART07 행정법
chapter 01 행정법이란?
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① 막스 베버의 ‘합리주의와 관료제’ ··············································700
chapter 02 행정상의 법의 일반원칙
문제 1〉 화상경마장 사건으로 본 신뢰보호의 원칙 (행정법-1) ·······705
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② 미성년자 술 판매 업주와 비례원칙 ············································703
③ 자사고 일괄폐지와 ‘신뢰보호원칙’ ···········································706
④ 양육비와 운전면허 ····································································709
⑤ 행정기본법 제정이 우리 사회에 주는 의미 ································710
chapter 03 행정작용
chapter 04 사후적 구제수단
문제 2〉 천재지변에 의한 피해 보상 (행정법-2) ·····························717
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⑥ 가습기 피해자와 국가배상 책임 ················································719
⑦ 지열발전이 촉발시킨 포항지진, 국가 손해배상청구의 법적 쟁점
··································································································720
⑧ 사람 살리려다 낸 교통사고와 구급대원의 책임 ·························721

PART08 민사법
chapter 01 민법이란
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① 민법의 기본원리 ········································································731
chapter 02 민법총칙
문제 1〉 소액·장기연체 빚 탕감 (민사법-1) ···································742
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② 신의성실의무와 ‘약관’ ······························································735
③ 착오에 의한 취소 ·······································································741
chapter 03 물권
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④ 분묘기지권으로 살펴 본 관습법의 의미 ····································745
⑤ 훈민정음 상주본 환수문제 ························································747
chapter 04 채권총칙
chapter 05 채권각칙
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⑥ ‘코로나19’ 법적 이슈와 불가항력 면책 법리의 적용 가능성 ·····755
⑦ 명의신탁 부동산 판결로 본 ‘소유권’의 의미 ······························758
⑧ 사기도박과 불법원인급여 ·························································759
⑨ 확진자와 민사상 손해배상 ························································761
⑩ 자율주행차 교통사고 법적책임 ·················································762
⑪ 4차 산업혁명과 사법의 과제 ·····················································763
chapter 06 친족·상속
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⑫ 유류분 폐지론에 대해 ································································768
⑬ ‘빚투’의 이면 ‘가족 공리주의’의 굴레 ·······································770
⑭ 공익기부자 과세 논란 ·······························································771
⑮ 가업상속공제제도와 상속세 논란 ··············································772
chapter 07 민사소송법의 이해
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ㆍ 신속한 재판의 제도화 ·······························································777
ㆍ 신해철법과 의료분쟁 조정 ························································778
ㆍ 환경소송에서의 증명책임 ·························································780
ㆍ 한국형 ‘증거개시제도’ 도입! ·····················································781
chapter 08 민사법 관련쟁점
문제 2〉 이혼청구에서 파탄주의 도입 (민사법-2) ··························792
문제 3〉 징벌적 손해배상 도입 여부 (민사법-3) ·····························798
ㆍ생각더하기
ㆍ 제조물책임법 ············································································785
ㆍ 홍상수 감독, 부인과 이혼 실패…법원, ‘유책주의’ 유지 ············790
ㆍ 자식 버린 부모, 죽은 자식 재산 상속 바람직한가 ·····················793
ㆍ 구하라법 제정 ···········································································794
ㆍ 법무부 ‘징벌적 손해배상제 입법안’에 대한 논쟁 ······················799
ㆍ 징벌적 손해배상, 도입해도 소송남발 걱정 없다 ·······················800
ㆍ 폭스바겐 사태와 소비자집단소송 ·············································801
ㆍ ‘한국형’ 집단소송제 도입 논의 ·················································802
ㆍ 화려한 관광산업의 이면, 투어리스티피케이션 ·························805
PART 09 형사법
chapter 01 형법이란
문제 1〉 엄벌주의에 대한 견해 대립 (형사법-1) ·····························810
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① 형벌의 목적 ···············································································809
② 법 감정과 양형기준 사이 ···························································810
chapter 02 범죄와 형벌
chapter 03 죄형법정주의와 형법의 효력
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③ 땅콩회항과 죄형법정주의 ·························································819
④ 롬브로소의 ‘선천적 범죄자’ 와 범죄예측 기술 ·························820
⑤ 손정우의 나라 , “사법정의” vs “사법주권” ······························822
chapter 04 범죄의 성립과 실현단계 및 참가형태
문제 2〉 재산비례벌금제 도입 (형사법-2) ·····································840
ㆍ생각더하기
⑥ 미필적 고의 ···············································································826
⑦ 세월호 사건과 범죄성립 ····························································826
⑧ ‘정당방위’의 요건 ·····································································828
⑨ 두 건의 교통사고와 범죄성립 ····················································831
⑩ 인천 초등생 살인과 심신미약 ····················································833
⑪ ‘신림동 원룸 침입’ 30대, 주거침입 유죄, 강제추행은 무죄 ······835
⑫ 재산비례 벌금제 도입 ································································839
chapter 05 국가적·사회적 법익에 대한 범죄
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⑬ ‘가상화폐’ 마진거래는 도박인가? ·············································844
chapter 06 개인적 법익에 대한 범죄
문제 3〉 사실적시 명예훼손죄 폐지 논란 (형사법-3) ······················849
문제 4〉 경영판단에 대한 배임죄 폐지 논란 (형사법-4) ·················852
ㆍ생각더하기
⑭ 조영남 ‘대작’사건의 사기죄 성립여부 ·······································854
⑮ 당첨 확률 0%, 확률형 아이템 게임은 ‘사기죄’ 적용 대상일까? 854
chapter 07 형사소송법의 이해
ㆍ생각더하기
ㆍ 헌재 “체포 과정서 영장 없이 압수수색, 헌법 어긋나” ·············861
ㆍ 일상에 드리운 감청 불안과 구체적 위험성 ·······························862
ㆍ 낙지살인사건과 형사재판의 원칙 ·············································866
ㆍ 시신 없는 살인사건 된 고유정재판 ··········································867
ㆍ 현행범으로 잡힌 몰카범 ‘무죄’(위법수집증거배제법칙) ···········868
chapter 08 형사법 관련 쟁점
문제 5〉 형사 미성년자의 연령 하향 조정 (형사법-5) ·····················870
문제 6〉 소년법 폐지 (형사법-6) ···················································875
문제 7〉 민식이법에 대한 견해 대립 (형사법-7) ·····························908
ㆍ생각더하기
ㆍ “처벌 강화” vs “사회안전망 구축” ···········································872
ㆍ ‘소년법 엄벌화’ 논란 ································································873
ㆍ 자유의지와 심신미약 ································································877
ㆍ 심신미약 감경 ···········································································877
ㆍ 주취 범죄 감형 폐지 ··································································879
ㆍ 정신질환자 범죄를 바라보는 두 가지 시선 ·······························880
ㆍ 불법촬영범죄(몰래카메라) 근절 대책 ·······································886
ㆍ 신종범죄와 죄형법정주의, 그리고 국가의 의무 ························886
ㆍ 산업화된 디지털 성범죄 ‘n번방’ ···············································888
ㆍ ‘n번방 방지법’ 헌법소원 청구 ·················································889
ㆍ 덜 만들어진 이해충돌방지법 ····················································896
ㆍ 청탁금지법-1 ···········································································897
ㆍ 청탁금지법-2 ···········································································898
ㆍ 군대·법조계 잇단 ‘권력형 성범죄’ ············································902
ㆍ 미투를 보며 기본권을 생각한다! ···············································903
ㆍ 성범죄 복불복 판결 막을 새 잣대는 ‘성인지 감수성’ ················904
ㆍ ‘성인지 감수성’에 관한 몇 가지 오해 ········································904
ㆍ 성폭행 수사와 피해자, 가해자의 인권 ·······································906
ㆍ ‘비동의 간음죄’ 신설 ································································906
ㆍ ‘민식이법’ 논란 ·········································································909

PART 10 국제법
chapter 01 국제법의 이해
ㆍ생각더하기
① 강제징용 일본기업 배상판결과 국제사법재판소 ·······················917
② ‘위안부’ 문제, 국제사법재판소 회부 기대와 우려 ·····················918
chapter 02 국제법 주요 쟁점
문제 1〉 절도범이 반입한 문화재급 불상 반환여부 (국제법-1) ·······950
ㆍ생각더하기
② 홍콩보안법과 인도주의 ·····························································921
④ 미얀마와 인도주의적 개입의 딜레마 ·········································922
⑤ 일본의 자위권 주장 ···································································925
⑥ 한·일 외교갈등을 바라보는 시선 ··············································928
⑦ ‘국가면제’ 법리에 뒤집힌 위안부 피해자 소송 ··························929
⑧ 코로나19와 난민, 그 해법은 ····················································932
⑨ 라인홀드 니부어 ‘도덕적 인간과 비도덕적 사회’ ······················934
⑩ 투자자-국가 분쟁해결제도 봇물 ···············································936
⑪ 영국 민주주의의 실패 ································································939
⑫ 브렉시트, 민주주의의 실패라고? ··············································940
⑬ 흔들린 지 20년 된 세계화ㆍㆍ각국, 각자도생의 길로 ···················941
⑭ 코로나19 이후, ‘미·중 신냉전 시나리오’ ··································943
⑮ 무역충돌인가, 투키디데스의 함정인가 ·····································944
ㆍ ‘증세 시대’의 시작을 알리다 ·····················································948
ㆍ 동조여래입상 일본 반환 결정 ···················································951

03
PART01/ 심층면접 분석과 대비
chapter 01 심층면접 분석과 대비 ···································8
01 심층면접 출제경향과 전망 ································8
02 지성문제 ··························································9
03 지성문제 접근방법 ·········································13
04 인성문제 ·······················································29
05 면접당일 이렇게 하자! ···································33

PART02 / 대학별 면접장 스케치 및 최근 5개년 기출문제
chapter 01 대학별 면접장 스케치 및 최근 5개년 기출문제····································42
01 강원대 ···························································43
02 건국대 ···························································52
03 경북대 ···························································62
04 경희대 ···························································78
05 고려대 ···························································88
06 동아대 ·························································103
07 부산대 ·························································116
08 서강대 ·························································133
09 서울대 ·························································144
10 서울시립대 ··················································167
11 성균관대 ·····················································173
12 아주대 ·························································184
13 연세대 ·························································207
14 영남대 ·························································221
15 원광대 ·························································233
16 이화여대 ·····················································244
17 인하대 ·························································250
18 전남대 ·························································265
19 전북대 ·························································281
20 제주대 ·························································298
21 중앙대 ·························································321
22 충남대 ·························································339
23 충북대 ·························································355
24 한국외대 ·····················································371
25 한양대 ·························································385
PART 03 / 면접 연습문제
윤리적 딜레마 ··················································394
공공갈등 문제 해결 ··········································402
법의 기초 - 법철학 ···········································407
법의 기초 - 기초법학 ·······································419
법의 기초 - 법조윤리 ·······································423
헌법 - 헌법의 기본원리 ····································427
헌법의 기본원리 - 인간의 존엄성 ······················431
헌법 - 자기결정권 / 행복추구권 ·······················437
헌법 - 평등권 ···················································440
헌법 - 자유권적 기본권 ····································446
헌법 - 청구권적 기본권 ····································457
헌법 - 사회권적 기본권 ····································459
헌법 - 기본의무 ················································470
헌법 - 정치 / 통치기구 ·····································472
헌법 - 경제질서 / 규제 ·····································474
헌법 - 헌법개정 ···············································480
행정법 ·····························································481
민사법 ·····························································484
형사법 ·····························································489
국제법 ·····························································497

저자소개

황정현 (지은이)
정동주 (지은이) 
손영선 (지은이) 

교환 및 환불안내

도서교환 및 환불
  • ㆍ배송기간은 평일 기준 1~3일 정도 소요됩니다.(스프링 분철은 1일 정도 시간이 더 소요됩니다.)
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  • ㆍ주문하신 상품의 반품,교환은 상품수령일로 부터 7일이내에 신청하실 수 있습니다.
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반품안내
  • 마이페이지 > 나의상담 > 1 : 1 문의하기 게시판 또는 고객센터 1800-7327
교환/반품주소
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