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(링철가능) 2024 황정현 법률저널 황변과 함께하는 로스쿨면접 Q 세트 전2권 
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책을 내며 『이 책의 목표는 면접에 나올만한 모든 주제를 담는 것이 아니라,
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.
이번 개정판에서 중점적으로 보강한 부분은 크게 네 가지입니다.
둘째, 작년 강의를 바탕으로 수험생들에게 반드시 필요한 부분을 좀 더 보강했습니다. 수험생들이 로스쿨 면접의 전반을 이해하기 쉽도록 로스쿨 관련 정보와 합격생들의 노하우를 더 정확히 담도록 노력했습니다. 특히 정보를 좀 더 효율적으로 볼 수 있도록 시각화하는 작업에 공을 들였습니다. 다만, 책의 경제성을 유지학고자 책의 구성을 재구성하였습니다. 이전 판의 1권과 3권을 합본하여 새롭게 하나의 편제로 정리하였습니다. 셋째, 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 쟁점을 보다 쉽게 정리하였습니다. 아울러 입학 후에도 도움이 될 수 있도록 법학부분의 내용을 보강하였습니다. 특히 올해는 ‘생성형 인공지능’의 면접의 화두로 등장할 것으로 예상하여 관련 내용을 수험 편의에 맞게 별도로 정리하였습니다. 아울러 꼭 말씀드리고 싶은 것은, 이 책에는 많은 법조인, 언론인 그리고 각 분야 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 9년째 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 합격생의 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 여러 분의 미래를 운에만 맡길 수는 없습니다. 저는 행운도 열심히 노력하는 사람에게 먼저 찾아오는 것이라고 믿고 있습니다. 지금부터라도 자신의 열정과 능력을 모두 쏟아내셨으면 합니다. 저자처럼 부족한 사람도 로스쿨을 나와서 변호사가 되었다는 사실을 잊지 마시길 바랍니다. 많은 수험생이 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 보여주면 반드시 좋은 결과가 올 것이라 확신합니다. 부디 이 책을 보는 모든 수험생과 수업을 듣는 수강생들과 내년 법조윤리 수업에서 재회하길 간절히 기원하겠습니다.
2023년 8월 황 정 현 변호사 올림 |
| 목차 |
| CONTENTS
1 PART01 / 로스쿨 면접, 어떻게 준비할 것인가? chapter 01 로스쿨 면접이란 ·······································10 01 로스쿨 면접이란 ············································10 02 2024학년도 면접시험의 변화와 전망 ············10 03 2023학년도 입시 결과 분석 ··························13 chapter 02 면접 진행 과정 ·········································16 01 서류전형 ·······················································16 02 서류전형 주의사항 ·········································17 03 심층면접 (구술면접) ······································19 chapter 03 면접 전략 ·················································24 01 면접시험 준비 노하우 ····································24 02 스터디 ···························································35 chapter 04 커뮤니케이션 스킬 ···································46 01 면접과 커뮤니케이션 ·····································46 02 커뮤니케이션 스킬 ·········································47 03 면접 복장 ······················································56 chapter 05 자기소개서 작성 ·······································62 01 자기소개서에 대하여 ·····································62 02 자기소개서 작성 순서 ····································64 03 자기소개서 작성 시 유의사항 ·························69 04 자기소개서 항목별 작성법 ·····························80 05 항목별 작성례 ················································93 06 법조인 진로탐색 ··········································108 07 학업계획서 작성 참고자료 ···························118 PART 02 / 2024학년도 로스쿨 전형 및 입시가이드 chapter 01 2024학년도 로스쿨 전형 기본 계획 및 모집 요강·······································126 01 최적의 학교를 정하기 위한 TIP ····················126 02 2024학년도 로스쿨 전형 기본 계획 및 모집 요강·····················································128 chapter 02 로스쿨 최종 합격생 자료 분석 “수험생이 묻고 통계로 답한다!” ··················136 chapter 03 최종합격자 통계 분석 / 최근 5개년 출신학부 현황····································148 PART 03 / 심층면접 분석과 대비 chapter 01 심층면접 분석과 대비 ·····························184 01 심층면접 출제경향과 전망 ···························184 02 지성문제 ·····················································185 03 지성 문제 접근방법 ·····································191 04 인성문제 ·····················································206 05 면접당일 이렇게 하자! ·································209 PART04 / 대학별 면접장 스케치 및 최근 7개년 기출문제 chapter 01 대학별 면접장 스케치 및 최근 7개년 기출문제······································218 01 강원대 ·························································219 02 건국대 ·························································232 03 경북대 ·························································245 04 경희대 ·························································267 05 고려대 ·························································280 06 동아대 ·························································297 07 부산대 ·························································313 08 서강대 ·························································333 09 서울대 ·························································346 10 서울시립대 ··················································375 11 성균관대 ·····················································382 12 아주대 ·························································396 13 연세대 ·························································429 14 영남대 ·························································448 15 원광대 ·························································467 16 이화여대 ·····················································481 17 인하대 ·························································488 18 전남대 ·························································509 19 전북대 ·························································530 20 제주대 ·························································552 21 중앙대 ·························································583 22 충남대 ·························································608 23 충북대 ·························································631 24 한국외대 ·····················································651 25 한양대 ·························································669 PART 05 / 면접 연습문제 ????윤리적 딜레마 ··················································680 ????공공갈등 문제 해결 ··········································688 ????법의 기초 - 법철학 ···········································694 ????법의 기초 - 기초법학 ·······································707 ????법의 기초 - 법조윤리 ·······································710 ????헌법 - 헌법의 기본원리 ····································714 ????헌법의 기본원리 - 인간의 존엄성 ·····················719 ????헌법 - 자기결정권 / 행복추구권 ·······················727 ????헌법 - 평등권 ···················································732 ????헌법 - 자유권적 기본권 ····································738 ????헌법 - 청구권적 기본권 ····································751 ????헌법 - 사회권적 기본권 ····································753 ????헌법 - 기본의무 ···············································769 ????헌법 - 정치 / 통치기구 ····································772 ????헌법 - 경제질서 / 규제 ····································774 ????헌법개정 ··························································780 ????행정법 ·····························································781 ????민사법 ·····························································783 ????형사법 ·····························································788 ????국제법 ·····························································796 참고문헌 ································································802 2 PART06 / 윤리적 딜레마 chapter 01 윤리적 딜레마란? ·······································18 01 윤리적 딜레마의 의미 ····································18 02 윤리적 딜레마를 고민해야 하는 이유 ··············19 chapter 02 문제해결을 위한 기본적인 윤리설 ···············22 01 공리주의 ·······················································22 02 의무론 ···························································23 03 롤스의 정의론 ················································26 04 자유주의와 공동체주의 ··································27 05 상황윤리 ·······················································30 chapter 03 윤리적 딜레마 해결모델 ······························34 chapter 04 윤리적 딜레마 해결을 위한 다양한 접근법 ·····38 01 샌델식 토론 ···················································38 02 ‘트롤리’ 문제를 통한 실전 훈련 ······················40 03 콜버그의 도덕발달이론 ··································43 04 인공지능과 윤리적 딜레마 ·····························46 05 코로나와 윤리적 딜레마 ·································55 PART07 / 공공갈등 문제 해결 chapter 01 공공갈등 문제와 법조인의 역할 ··················60 01 공공갈등 개념 ················································60 02 갈등 해결 문제와 법조인의 자질 ····················61 chapter 02 공공갈등의 분석과 접근 방법 ······················62 01 공공갈등의 특징 ············································62 02 공공갈등의 해결방안 ·····································63 03 공공갈등의 해결사례 ·····································69 04 출제경향과 대비방법 ·····································75 PART 08 / 법의 기초 chapter 01 법의 의의와 기능 ········································80 01 법의 의의 ······················································80 02 법의 기능 ······················································82 chapter 02 법과 도덕 ···················································88 01 법과 도덕의 관계 ···········································88 02 법과 도덕의 충돌 ··········································90 chapter 03 법의 이념 ·················································124 01 정의 ····························································125 02 합목적성 ·····················································139 03 법적 안정성 ·················································140 04 법이념의 상호관계 ······································141 05 법이념과 공공복리 ······································141 06 형식적(절차적) 정의와 실질적(실체적) 정의 ···142 chapter 04 법의 종류와 분류 ······································158 01 법의 종류 ····················································158 02 법의 분류 ····················································162 chapter 05 법의 해석과 적용 ······································166 01 법의 해석 ····················································166 02 법의 적용 ····················································171 chapter 06 사법제도 ··················································176 01 들어가며 ·····················································176 02 법원과 판사 ·················································177 03 검찰과 검사 ·················································197 04 변호사 ·························································208 chapter 07 법조윤리 ··················································218 01 들어가며 ·····················································218 02 변호사와 의뢰인과의 관계 ···························221 03 변호사의 진실의무 ······································229 04 변호사의 비밀유지의무 ·······························231 05 변호사의 이익충돌회피 의무 ························236 06 품위유지의무 ··············································240 07 기업변호사의 위법행위 감시의무 ·················242 08 법관과 검사의 윤리 ·····································243 PART09 / 헌법 chapter 01 헌법의 기본원리 - 헌법전문 ·····················252 01 총강 ····························································252 chapter 02 기본권의 보장 ··········································280 01 인간의 존엄과 가치·행복추구권·평등권 ······283 02 자유권적 기본권 ··········································373 03 정치적 권리 ·················································458 04 청구권적 기본권 ··········································461 05 사회적 기본권 ·············································470 06 기본권의 제한 ·············································562 07 기본의무 ·····················································562 chapter 03 국회 ·························································582 chapter 04 정부 ·························································590 01 대통령 ·························································590 02 행정부 ·························································593 chapter 05 법원 ·························································594 chapter 06 헌법재판소 ···············································600 chapter 07 선거관리 ··················································602 chapter 08 지방자치 ··················································608 chapter 09 경제 ·························································614 chapter 10 헌법개정 ··················································654 PART10 / 행정법 chapter 01 행정법이란? ·············································660 01 개념과 법원 ·················································660 chapter 02 행정상의 법의 일반원칙 ···························664 01 비례원칙 ·····················································664 02 신뢰보호의 원칙 ··········································666 03 자기구속의 원칙 ··········································668 04 부당결부금지의 원칙 ···································669 chapter 03 행정작용 ··················································672 01 행정입법 ·····················································672 02 행정행위 ·····················································673 03 실효성 확보수단 ··········································674 chapter 04 사후적 구제수단 ·······································676 01 행정상 손해전보 ··········································676 02 행정상 손실보상 ··········································681 03 행정쟁송 ·····················································683 PART 11 / 민사법 chapter 01 민법이란 ··················································688 01 민법이란? ···················································688 02 민법의 체계 및 구성 ····································689 chapter 02 민법총칙 ··················································690 01 민법의 일반원칙 (통칙) ·······························690 02 인(人) ·························································692 chapter 03 물권 ·························································700 01 총칙 ····························································700 02 점유권 ·························································700 03 소유권 ·························································702 04 용익물권 및 담보물권 ··································703 chapter 04 채권총칙 ··················································704 01 채권의 목적 ·················································704 02 채권의 효력 ·················································704 03 수인의 채권자 및 채무자 ·····························705 04 채권양도와 채무인수 ···································705 05 채권의 소멸 ·················································705 06 지시채권과 무기명채권 ·······························705 chapter 05 채권각칙 ··················································706 01 계약 ····························································706 02 사무관리 ·····················································708 03 부당이득 ·····················································709 04 불법행위 ·····················································711 chapter 06 친족·상속 ················································716 01 혼인 ····························································716 02 상속 ····························································718 chapter 07 민사소송법의 이해 ···································722 01 민사소송의 의의와 4대 이상 ························722 02 민사소송에 갈음하는 재판 외 분쟁해결제도 ···723 03 당사자 ·························································725 04 소송심리의 과정과 증거법 ···························725 05 불복신청제도 ··············································727 06 판결의 효력 ·················································728 chapter 08 민사법 관련 쟁점 ······································730 01 전세 사기 사건과 법적 쟁점 ·························730 02 자기책임의 원칙 (카지노이용자) ··················732 03 이혼소송. 유책주의 vs 파탄주의 ··················734 04 부양의무와 상속 (구하라법) ·························736 05 징벌적 손해배상과 집단소송(가습기 살균제 사건)·······························738 06 젠트리피케이션 ···········································742 PART12 / 형사법 chapter 01 형법이란 ··················································748 01 형법이란? ···················································748 02 형법의 체계 및 구성 ····································752 chapter 02 범죄와 형벌 ··············································756 01 범죄개념 ·····················································756 02 형벌과 보안처분 ··········································756 03 사회통제수단으로서 형법의 과제 ·················757 chapter 03 죄형법정주의와 형법의 효력 ····················758 01 죄형법정주의 ··············································758 02 형법의 효력 ·················································760 chapter 04 범죄의 성립과 실현단계 및 참가형태 ········764 01 범죄의 성립요건 ··········································765 02 범죄의 실현단계 ··········································774 03 범죄의 참가형태 ··········································774 04 형벌 (형사제재) ···········································776 chapter 05 국가적·사회적 법익에 대한 범죄 ··············780 01 국가적 법익에 대한 죄 ·································780 02 사회적 법익에 대한 죄 ·································781 chapter 06 개인적 법익에 대한 범죄 ··························784 01 개설 ····························································784 02 인격적 법익에 대한 죄 ·································784 03 재산적 법익에 대한 죄 ·································789 chapter 07 형사소송법의 이해 ···································792 01 형사소송법이란? ·········································792 02 수사와 공판 ·················································796 chapter 08 형사법 관련 쟁점 ······································804 01 소년범 엄벌화 (형사미성년자 연령하향) ······804 02 심신미약 범죄에 대한 감경규정 ···················811 03 윤창호법 위헌결정을 통해서 본 형법의 일반원칙···············································815 04 디지털 성범죄(불법촬영과 N번방) ···············818 06 아동학대 사건과 예방대책 ···························823 07 청탁금지법 (김영란법)과 이해충돌방지법 ····826 08 권력형 성범죄와 성인지 감수성 ···················830 09 ‘민식이법’ ···················································833 PART 13 / 국제법 chapter 01 국제법의 이해 ··········································838 01 국제법의 의의 ·············································838 02 국제법과 국내법의 관계 ······························838 03 국제법의 법원 ·············································839 04 국제사법재판소 ···········································840 chapter 02 국제법 주요 쟁점 ······································844 01 인도주의적 개입 ··········································844 02 우크라이나 전쟁과 자위권 ···························848 03 한·일 외교갈등과 해결방안 ·························851 04 해양 오염수 방류 문제 ·································855 05 난민문제 ·····················································857 06 투자자-국가 분쟁해결 제도(ISDS) 논란 ······860 07 탈세계화와 미·중 갈등 ································862 08 브렉시트(Brexit)를 통해 본 민주주의 ··········864 09 디지털세와 글로벌 최저 법인세 ···················867 10 문화재 반환 ·················································868 PART 13.5 / 생성형 인공지능과 법적 쟁점 chapter 01 생성형 인공지능과 법적 쟁점 ···················874 01 생성형 인공지능의 등장 ······························874 02 생성형 인공지능 관련 법적 쟁점 ··················876 03 생성형 인공지능 규제법안 ···························885 04 법조인의 미래와 자세 ··································887 참고문헌 ································································891 쟁점 차례 PART 06 윤리적 딜레마 chapter 01 윤리적 딜레마란? chapter 02 문제해결을 위한 기본적인 윤리설 ‣생각더하기 ① 키케로 『의무론』··········································································24 ② 현대 덕(德) 윤리의 특징 ······························································28 ③ 무엇이 옳은가? ···········································································31 chapter 03 윤리적 딜레마 해결모델 ‣생각더하기 ④ 고문은 정당화될 수 있는가? ························································37 chapter 04 윤리적 딜레마 해결을 위한 다양한 접근법 ‣생각더하기 ⑤ 인공지능과 윤리원칙 ···································································47 ⑥ 인공지능의 폭주 막을 3대 원칙 ···················································49 ⑦ 자율주행차의 딜레마 ···································································50 ⑧ 킬러로봇, 윤리적 논란 심화 ·························································51 ⑨ ‘이루다’ 논란과 인공지능 윤리 ····················································52 ⑩ AI 면접과 공정성 ········································································53 ⑪ 인공지능 윤리의 화두, 투명성과 설명가능성 ·······························54 ⑫ 의료자원의 공정한 분배 ······························································55 PART 07 공공갈등 문제 해결 chapter 01 공공갈등 문제와 법조인의 역할 chapter 02 공공갈등의 분석과 접근 방법 ‣생각더하기 ① 새로운 국가 원리, ‘거버넌스’ ······················································64 ② 집단지성과 집단사고 ··································································64 ③ 칼 포퍼 《열린사회와 그 적들》·····················································65 ④ 하버마스의 의사소통 상황 ···························································66 ⑤ 갈등 해결 새 통로 공론화위윈회 ··················································67 ⑥ 공론화 두려움은 민주주의 두려움이다 ········································68 ⑦ 국책사업 추진상의 합리적인 갈등 해결 방법 ·······························73 ⑧ 재산권 보장 vs 님비 ····································································73 ⑨ 갈등해결을 위한 절차 ··································································76 PART 08 법의 기초 chapter 01 법의 의의와 기능 문제 1) 사적 정의실현 (법철학-1) ··················································85 문제 2) 인터넷을 이용한 사적처벌 (법철학-2) ································85 ‣생각더하기 ① 함무라비법과 탈리오 법칙 ···························································81 ② 한비자의 법치(法治) ····································································83 ③ 디지털 세상의 새로운 복수자들(디지털교도소, 배드파더스) ·······85 ④ 사적 복수로 내모는 사회 ·····························································87 chapter 02 법과 도덕 문제 3) 도덕의 강제화 (법철학-3) ················································105 문제 4) 착한 사마리아인법 (구조의무의 법제화) (법철학-4) ·········108 문제 5) 형법의 과잉 도덕화 (법철학-5) ········································110 문제 6) 불효자방지법 도입 (법철학-6) ·········································111 ‣생각더하기 ⑤ 소크라테스의 법치 ·······································································90 ⑥ 8촌 이내 혈족 사이의 혼인 금지 및 무효 사건 ·····························92 ⑦ 친족상도례 폐지 논쟁 ··································································95 ⑧ 민법상 ‘부모 징계권’ 삭제 ···························································96 ⑨ ‘자녀 살해 후 자살’ 명백한 살인범죄 ···········································97 ⑩ 호주제 위헌결정으로 살펴 본 전통과 관습의 한계 ······················98 ⑪ 명예살인(도덕범죄) ····································································99 ⑫ 프랑스의 ‘부르카 금지법’을 둘러싼 인권 논란 ·························101 ⑬ 개고기 논쟁 ··············································································103 ⑭ 경범죄처벌법과 후견주의 ·························································105 ⑮ 스토킹 처벌법 ···········································································105 ⑯데이트폭력방지법과 클레어법 ··················································106 ⑰ ‘가스라이팅’, 정신적 학대도 범죄다! ········································107 ⑱ 착한 사마리아법(구조의무법) ···················································109 ⑲ ‘불효자방지법’의 쟁점 ······························································112 ⑳ 데블린 vs 하트 ··········································································116 ㉑ 밀이 주장하는 자유의 의미 ·······················································116 ㉒ 드워킨의 ‘원칙에 따른 판결’ ·····················································119 ㉓ 『안티고네』를 통해 배우는 법의 본질 ········································120 ㉔ ‘친일판사’의 의미 ·····································································121 ㉕ 아렌트와 악의 평범성 ·······························································122 chapter 03 법의 이념 문제 7) 시민불복종운동 (법철학-7) ·············································143 문제 8) 소급입법 제정(친일행위자 재산환수) (법철학-8) ·············146 문제 9) 강력범죄에 대한 공소시효 폐지 (법철학-9) ······················149 ‣생각더하기 ㉖『국가』에 나타난 소크라데스의 정의 ·········································127 ㉗ 무지의 베일 실험 ······································································129 ㉘롤스의 절차적 정의 ···································································129 ㉙ 자유지상주의 -노직과 흄의 ‘정의’ ···········································130 ㉚ 정의로운 마스크 분배 방법 ·······················································132 ㉛ 무엇이 ‘공정한’ 백신 접종일까? ···············································134 ㉜ 마이클 센델 교수, “능력주의는 정의로운가” ···························136 ㉝ ‘능력주의 비판’을 비판한다 ······················································137 ㉞ 드워킨, 센의 ‘공정’의 논리들 ····················································138 ㉟ 정의는 어떻게 세워지는가? ······················································142 ㊱ 콜하스와 저항권 ·······································································144 ㊲ 사회계약설과 법치주의 ·····························································145 ㊳ 소급입법을 통한 문제 해결 논의 ···············································148 ㊴ 태완이법 제정과 정은희양 사건 ················································150 ㊵ 연쇄살인범 이춘재와 사법정의 ·················································150 ㊶ 독일 법원, 101세 최고령 전범에 판결 ····································152 ㊷ 대법원 2009다72599: 울산 국민보도연맹 사건 ····················152 ㊸ 과거사건 재조사, “법질서 혼란 우려” vs “정의구현” ···············153 ㊹ 여순사건 민간인 희생자, 71년 만에 재심결정 ··························154 ㊺ 조지 폴로이드 사건과 역사 인물 지우기 논란 ···························155 ㊻ 현재 잣대로 심판받는 위인들 ···················································156 ㊼ 사적영역의 공적책무 ································································157 chapter 04 법의 종류와 분류 ‣생각더하기 ㊽ ‘딸들의 반란’ 판례로 살펴 본 관습법 ········································160 ㊾ 대륙법과 영미법 ·······································································163 chapter 05 법의 해석과 적용 ‣생각더하기 ㊿ 부부강간죄 판례로 살펴본 법률해석 ·········································169 ???????? ‘법치주의라는 사고방식(법학적 사고방식)’ ·····························173 chapter 06 사법제도 문제 10) 미국식 배심원제 도입 필요성 (기초법학-1) ···················193 문제 11) 시니어 판사제 도입 (기초법학-2) ··································195 문제 12) 플리바게닝 법제화 (기초법학-3) ···································201 문제 13) 수사권·기소권 분리 (기초법학-4) ·································204 ‣생각더하기 ???????? 사법부에 대한 비난과 비판 사이 ··············································178 ???????? 시적 정의(Poetic Justice) ·······················································178 ???????? 법관탄핵 ···················································································180 ???????? 재판중계 -“재판권 침해 vs 국민의 알권리” ·····························181 ???????? 미확정 판결문 공개, ‘공개재판주의’ vs ‘개인정보보호’ ···········182 ???????? 상고심 제도 개선 논의 ······························································189 ???????? 국민참여재판제도의 쟁점 ·························································192 ???????? 사법권 독립성 강화 방안 ··························································193 ???????? ‘법왜곡죄’ 도입 ········································································194 ???????? 영상재판제도 ············································································196 ???????? 검찰 수사심의위원회 ································································206 ???????? ‘자치경찰제 도입!?’ ··································································207 ???????? ‘섀터드 글라스’와 변호사 등록 거부 시비(是非) ·······················209 ???????? ‘형사공공변호인’ 제도 필요한가? ············································210 ???????? 변호사 강제주의 도입 ·······························································210 ???????? 로톡 “변호사도 사업자” vs 변협 “변호사는 상인이 아니다” ····211 ???????? 이베이 경매에 상담서비스 올린 독일 변호사 ····························213 ???????? 법률시장 완전 개방 우물 안 벗어날 기회 ··································215 ???????? 왜 법조인이 되려는가? ·····························································216 chapter 07 법조윤리 문제 14) 국익에 반하는 사건을 수임하는 행위 (법조윤리-1) ········225 문제 15) 변호사의 비밀유지 의무 (법조윤리-2) ···························232 문제 16) 퇴임 대법관 변호사 개업 제한 (법조윤리-3) ··················239 문제 17) 법관의 SNS 등을 통한 의견표명 제한 (법조윤리-4) ·······244 ‣생각더하기 ????????법조윤리 딜레마 상황의 윤리적 함의와 해결 원칙 ···················219 ???????? 법률사무에서의 AI 활용과 변호사 윤리 ····································220 ???????? 변호사를 대상으로 한 보복성 폭력범죄 ····································222 ???????? 사회적 비난을 받는 의뢰인이라면 ············································224 ???????? 대형로펌과 변호사윤리 ····························································225 ???????? 공익소송의 소송비용 ································································226 ???????? 변호사의 성공보수 ···································································229 ???????? 미국의 표준규칙1.6(b) ····························································232 ???????? 의뢰인의 비밀 보호를 위한 법 개정 ·········································234 ???????? 전관예우의 유형과 대책 ···························································238 ???????? 변호사 광고의 기준과 한계 ·······················································240 ???????? 국민을 위한 판결문 ··································································244 ???????? 법복 대여의 의미 ······································································246 ???????? 판사의 오판책임, 대법원 판례 맞선 하급심 판사 ······················246 ???????? 검사동일체 원칙과 검사의 항명 ················································249 PART 09 헌법 chapter 01 헌법의 기본원리 - 헌법전문 문제 1) 친일행위자 현충원 이장 논란 (헌법의 기본원리-1) ··········253 문제 2) 탈북어민 강제북송 사건 (헌법의 기본원리-2) ··················262 문제 3) 대북전단살포 허용 (헌법의 기본원리-3) ··························264 문제 4) 인도적 대북지원 허용 (헌법의 기본원리-4) ······················265 문제 5) 저출산 문제 해결방안, 이민? (헌법의 기본원리-5) ···········272 문제 6) 초·중등교원의 정치활동제한 (헌법의 기본원리-6) ···········273 문제 7) 통합진보당 해산심판청구 (헌법의 기본원리-7) ················276 ‣생각더하기 ① 피히테, 톨스토이, 르낭의 세 가지 애국심 ·································255 ② 국적법 논란에 비친 혐오의 자화상 ············································256 ③ 난민문제에 대한 여러 가지 시각 ···············································258 ④ 통일 비용과 평화유지비용 ························································265 ⑤ 한일 위안부 합의의 법률적 검토 ···············································266 ⑥ 고용허가제와 이주노동자 ·························································268 ⑦ 외국인 근로자 임금 차등, “낮은 생산성” vs. “법적 근거 없어” 269 ⑧ 외국인 선원 ‘임금 차별’ 인정 판결 ············································270 ⑨ 재외국민, 외국인 건강보험 무임승차 논란 ································271 ⑩ 공무원의 ‘정치적 중립의무’ ······················································275 ⑪ 봉준호 감독과 블랙리스트 ························································277 chapter 02 기본권의 보장 #NAME? 문제 8) 존엄사 (안락사) 허용 (인간의 존엄성-1) ··························284 문제 9) 보호출산제 (인간의 존엄성-2) ·········································290 문제 10) 장기매매 (인간의 존엄성-3) ··········································295 문제 11) 대리모 계약 허용 (인간의 존엄성-4) ······························297 문제 12) 정자 기증 방식의 비혼 출산 (인간의 존엄성-5) ··············300 문제 13) 성매매 비범죄화 (인간의 존엄성-6) ·······························301 문제 14) (인간배아를 비롯한) 생명과학 연구에 대한 법적 규제 (인간의 존엄성-7) ························································305 #NAME? 문제 15) 교사면책권 도입 (인격권-1) ··········································308 문제 16) 학교폭력기록의 취업 시까지의 보존 (인격권-2) ············312 문제 17) 청소년 성매수자 신상공개제도 (인격권-3) ····················314 #NAME? 문제 18) 게임중독 질병코드 도입 (자기결정권/행복추구권-1) ·····323 문제 19) 확률형 아이템 규제 논란 (자기결정권/행복추구권-2) ····325 문제 20) 내국인 출입가능 ‘오픈 카지노’ 도입(자기결정권/행복추구권-3) ······················327 문제 21) 대마흡연 금지 (자기결정권/행복추구권-4) ···················327 문제 22) 사고견 안락사 논란 (자기결정권/행복추구권-5) ············335 문제 23) 반려견 보유세 도입 (자기결정권/행복추구권-6) ············336 #NAME? 문제 24) 여성 징병제 (평등권-1) ·················································341 문제 25) 여성가족부 폐지 (평등권-2) ··········································342 문제 26) 블라인드 채용 (평등권-3) ·············································356 문제 27) 성전환자 군복무 논란 (평등권-4) ··································363 #NAME? 문제 28) 성충동 약물치료(화학적 거세) (자유권적 기본권-1) ·······376 문제 29) 사법입원제 도입 (자유권적 기본권-2) ···························379 문제 30) 한국형 제시카법 도입 (자유권적 기본권-3) ···················380 문제 31) 공유숙박 영업 허용 (자유권적 기본권-4) ·······················385 문제 32) 노키즈존 확대 (자유권적 기본권-5) ·······························388 문제 33) 수술실 내 CCTV 설치 (자유권적 기본권-6) ····················392 문제 34) 휴대전화 감청 허용 문제 (자유권적 기본권-7) ···············399 문제 35) 교내 휴대폰 사용 허가 여부 (자유권적 기본권-8) ··········402 문제 36) 언론의 연예인 사생활 관련 보도 (자유권적 기본권-9) ····411 문제 37) 잊혀질 권리 (자유권적 기본권-10) ································412 문제 38) 도심 퀴어축제 허용 여부 (자유권적 기본권-11) ·············439 문제 39) 장애인 이동권 vs 시민 불편 (자유권적 기본권-12) ········439 문제 40) 특허법상 강제실시권 (자유권적 기본권-13) ··················442 문제 41) 전·월세 상한제 시행 (자유권적 기본권-14) ···················453 #NAME? 문제 42) 재외국민에게 투표권 (정치적 권리-1) ···························459 #NAME? 문제 43) 로비스트 합법화 (청구권적 기본권-1) ···························461 문제 44) 흉악범 신상 공개 (청구권적 기본권-2) ··························465 #NAME? 문제 45) 자율형 사립고·특수목적고 폐지 (사회권적 기본권-1) ····475 문제 46) 기여입학제 (사회권적 기본권-2) ···································476 문제 47) 선행학습금지법 (사회권적 기본권-3) ····························477 문제 48) 수능 절대평가 전환 (사회권적 기본권-4) ·······················478 문제 49) 무상급식 축소 (사회권적 기본권-5) ·······························480 문제 50) 최저임금 인상 (사회권적 기본권-6) ·······························490 문제 51) 정리해고 (사회권적 기본권-7) ·······································496 문제 52) 근로자이사제(노동이사제) 도입 (사회권적 기본권-8) ····497 문제 53) 임금피크제 도입 (사회권적 기본권-9) ···························498 문제 54) 퇴근 후 카톡금지법 (사회권적 기본권-10) ····················507 문제 55) 노란봉투법 (사회권적 기본권-11) ·································509 문제 56) 선택적 복지 → 보편적 복지 (사회권적 기본권-12) ········511 문제 57) 기본소득제 도입 (사회권적 기본권-13) ·························512 문제 58) 청년복지정책(청년특별주택공급) (사회권적 기본권-14) 516 문제 59) 노인연령 상향 (사회권적 기본권-15) ····························517 문제 60) 지하철 무임승차 노인연령 상향 (사회권적 기본권-16) ·· 519 문제 61) 개발 vs 보전 (사회권적 기본권-17) ······························526 문제 62) 탈원전 정책 (사회권적 기본권-18) ································535 문제 63) 외국인 가사근로자 도입 (사회권적 기본권-19) ··············540 문제 64) 비혼 가정에 대한 제도적 지원 (사회권적 기본권-20) ·····546 문제 65) GMO 완전표시제 도입 논란 (사회권적 기본권-21) ·······549 문제 66) 무면허 의료행위 금지 (사회권적 기본권-22) ·················550 문제 67) 의대 정원 증가 (사회권적 기본권-23) ···························552 문제 68) 공공 의대 신설을 통한 의사 수 증원 (사회권적 기본권-24) ·····················································································553 문제 69) 간호법 제정 (사회권적 기본권-25) ································555 문제 70) 영리의료법인의 도입 (사회권적 기본권-26) ··················557 문제 71) 의료민영화 논란 (사회권적 기본권-27) ·························559 문제 72) 원격(비대면)진료제 도입 (사회권적 기본권-28) ············560 #NAME? 문제 73) 고소득층에 대한 누진세 강화 (기본의무-1) ···················563 문제 74) 부동산 보유세 인상 (기본의무-2) ··································566 문제 75) 법인세 인하 문제 (기본의무-3) ······································570 문제 76) 횡재세 도입 논의 (기본의무-4) ······································573 문제 77) 로봇세 도입 (기본의무-5) ·············································574 문제 78) 가상화폐 과세 논란 (기본의무-6) ··································577 문제 79) 모병제 vs 징병제 (기본의무-7) ·····································579 문제 80) 제대군인가산점제도 (기본의무-8) ·································580 ‣생각더하기 ⑫ 기본권이 충돌할 때 ···································································281 ⑬ 예링이 말하는 “권리” ································································281 ⑭ 존엄사법 그리고 안락사 ····························································284 ⑮ ‘조력 존엄사법’ 국내 첫 발의 ····················································286 ⑯ 헌법재판소, ‘낙태죄’ 헌법불합치 ·············································287 ⑰ 낙태죄 폐지 4년째 '입법 공백' ··················································289 ⑱ 美대법원, ‘여성 낙태권 인정’ 로 대 웨이드 판례 번복 ··············289 ⑲ 세 번째 심판대 오른 사형 제도 ·················································291 ⑳ 사형제와 판사의 고뇌 ·······························································293 ㉑ 프랑스 새 장기기증법과 우리나라 장기이식법 ·························296 ㉒ 대리모 출산 ···············································································298 ㉓ 성매매 여성 자활 지원 논란 ······················································303 ㉔ ‘유전자 가위’ 논쟁 (다른 형태의 우생학 vs 다음 세대에 더 나은 삶을 선사하는 기술) ··········································································306 ㉕ 샌델과 생명공학에 대한 질문들 ················································307 ㉖ 교권 추락의 원인은 학생인권 조례인가? ··································309 ㉗ 학교폭력자치위원회와 학교폭력 해결방안 ·······························310 ㉘ ‘리얼돌’, 개인의 자유 vs 여성의 존엄성 훼손 ···························317 ㉙ 퍼블리시티권 시행 ············ |
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