추가 적립 안내

개정판에서는 최대한 현장 강의를 책에 옮기고자 노력하였고, 작년 강의를 바탕으로 수험생들에게 반드시 필요한 부분을 좀 더 보강했다. 로스쿨 관련 정보와 합격생들의 노하우를 더 정확히 담도록 노력했다. 법학의 기초 지식과 연관된 시사이슈를 한 틀에서 준비할 수 있도록 구성하였다. 기초적인 법학 지식과 함께 사회적으로 주목받은 판결이나 쟁점을 보다 쉽게 정리하였다. 아울러 입학 후에도 도움이 될 수 있도록 법학부분의 내용을 보강하였다.

01

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
02

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·················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
？데이트폭력방지법과 클레어법 ··················································106
？ ‘가스라이팅’, 정신적 학대도 범죄다! ········································107
？ 착한 사마리아법(구조의무법) ···················································109
？ ‘불효자방지법’의 쟁점 ······························································112
？ 데블린 vs 하트 ··········································································116
？ 밀이 주장하는 자유의 의미 ·······················································116
？ 드워킨의 ‘원칙에 따른 판결’ ·····················································119
？ 『안티고네』를 통해 배우는 법의 본질 ········································120
？ ‘친일판사’의 의미 ·····································································121
？ 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
？『국가』에 나타난 소크라데스의 정의 ·········································127
？ 무지의 베일 실험 ······································································129
？롤스의 절차적 정의 ···································································129
？ 자유지상주의 -노직과 흄의 ‘정의’ ···········································130
？ 정의로운 마스크 분배 방법 ·······················································132
？ 무엇이 ‘공정한’ 백신 접종일까? ···············································134
？ 마이클 센델 교수, “능력주의는 정의로운가” ···························136
？ ‘능력주의 비판’을 비판한다 ······················································137
？ 드워킨, 센의 ‘공정’의 논리들 ····················································138
？ 정의는 어떻게 세워지는가? ······················································142
？ 콜하스와 저항권 ·······································································144
？ 사회계약설과 법치주의 ·····························································145
？ 소급입법을 통한 문제 해결 논의 ···············································148
？ 태완이법 제정과 정은희양 사건 ················································150
？ 연쇄살인범 이춘재와 사법정의 ·················································150
？ 독일 법원, 101세 최고령 전범에 판결 ····································152
？ 대법원 2009다72599: 울산 국민보도연맹 사건 ····················152
？ 과거사건 재조사, “법질서 혼란 우려” vs “정의구현” ···············153
？ 여순사건 민간인 희생자, 71년 만에 재심결정 ··························154
？ 조지 폴로이드 사건과 역사 인물 지우기 논란 ···························155
？ 현재 잣대로 심판받는 위인들 ···················································156
？ 사적영역의 공적책무 ································································157

chapter 04 법의 종류와 분류
▶생각더하기
？ ‘딸들의 반란’ 판례로 살펴 본 관습법 ········································160
？ 대륙법과 영미법 ·······································································163

chapter 05 법의 해석과 적용
▶생각더하기
？ 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
- 인간의 존엄성
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

- 인격권
문제 15〉 교사면책권 도입 (인격권-1) ··········································308
문제 16〉 학교폭력기록의 취업 시까지의 보존 (인격권-2) ············312
문제 17〉 청소년 성매수자 신상공개제도 (인격권-3) ····················314

- 자기결정권/행복추구권
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

- 평등권
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

- 자유권적 기본권
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

- 정치적 권리
문제 42〉 재외국민에게 투표권 (정치적 권리-1) ···························459

- 청구권적 기본권
문제 43〉 로비스트 합법화 (청구권적 기본권-1) ···························461
문제 44〉 흉악범 신상 공개 (청구권적 기본권-2) ··························465

- 사회권적 기본권
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
- 기본의무
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
？ 헌법재판소, ‘낙태죄’ 헌법불합치 ·············································287
？ 낙태죄 폐지 4년째 '입법 공백' ··················································289
？ 美대법원, ‘여성 낙태권 인정’ 로 대 웨이드 판례 번복 ··············289
？ 세 번째 심판대 오른 사형 제도 ·················································291
？ 사형제와 판사의 고뇌 ·······························································293
？ 프랑스 새 장기기증법과 우리나라 장기이식법 ·························296
？ 대리모 출산 ···············································································298
？ 성매매 여성 자활 지원 논란 ······················································303
？ ‘유전자 가위’ 논쟁 (다른 형태의 우생학 vs 다음 세대에 더 나은 삶을 선사하는 기술) ··········································································306
？ 샌델과 생명공학에 대한 질문들 ················································307
？ 교권 추락의 원인은 학생인권 조례인가? ··································309
？ 학교폭력자치위원회와 학교폭력 해결방안 ·······························310
？ ‘리얼돌’, 개인의 자유 vs 여성의 존엄성 훼손 ···························317
？ 퍼블리시티권 시행 ····································································318
？ 청소년의 성적자기결정권과 그루밍 성범죄 ······························319
？ ‘미성년자 의제강간’ 신설 형법 조항 위헌일까? ························320
？ 셧다운제 헌재 결정과 중독법 ···················································321
？ 우리가 마약에 대처하는 법 ·······················································328
？ 전동킥보드 관련 규제 ·······························································329
？ 채식 선택권은 기본권? ·····························································330
？ 중국, 폭식 먹방에 벌금·행정처분 ·············································332
？ 동물 처우를 개선하자 (동물보호법 개정) ·································332
？ 동물복지와 안전한 먹거리 ························································337
？ 동물원 폐지 ···············································································338
？ 실험동물을 위한 ‘동물복지’ ······················································339
？ 찰스 모리스 vs 국세청장 케이스 ··············································340
？ 여성할당제는 필요한가. ····························································343
？ “펜스룰? 여성과 일하는 법, 모르면 배워야” ····························346
？ 장애인 차별금지금지법 ·····························································347
？ ‘우영우 변호사’를 통해 본 장애인의 권리 ·································349
？ 청년할당제와 평등권 ································································351
？ 비정규직 공무원과 역차별 ························································352
？ 인천국제공항 사태를 보는 세 가지 시선 ···································353
？ 지역인재 채용 가산점 부여, “균형발전” VS “역차별” ··············355
？ ‘적극적 우대조치’, 내용의 평등 실현 위해 도입된 장치 ············357
？？？？ 소수계 우대정책의 과거와 미래 ················································359
？？？？ ‘조지 플로이드 사건’으로 본 미국 내 인종차별 ························362
？？？？ 성소수자 차별에 대한 세 가지 결정 ··········································364
？？？？ 차별의 종착점이 증오범죄다 ····················································366
？？？？ 차별금지법 개정 ·······································································367
？？？？ 혐오의 위험성 ···········································································368
？？？？ 대구 이슬람 사원 건축 공방 ······················································370
？？？？ 코로나 백신, 강제접종 가능할까?! ···········································374
？？？？ 보호수용제 재추진 ‘재범방지 VS 이중처벌’ ····························376
？？？？ 조현병 치료와 인권침해 ···························································378
？？？？ 공유경제 ···················································································383
？？？？ “공유경제는 공유하지 않는다.” ···············································384
？？？？ 승차공유업체와 택시업계의 갈등 ·············································386
？？？？ 인권위 ‘노키즈존 영업 말라’ 권고 ············································389
？？？？ 직장인의 유튜버 활동과 겸업 금지 ···········································390
？？？？ ‘자유 vs 안전’ 논쟁을 넘어 ‘코로놉티콘’을 막아라 ··················395
？？？？ 개인정보 보호와 데이터 활용 ···················································397
？？？？ 개인정보와 적법절차의 원칙 ····················································400
？？？？ 헌법재판소, 양심적 병역거부 관련 결정과 대체 복무제 ···········403
？？？？ ‘종교의 자유’에 관한 두 가지 판례 ···········································405
？？？？ 코로나19와 종교의 자유 ··························································406
？？？？ 존 밀턴 《아레오파지티카》························································407
？？？？ 표현의 자유의 한계 ··································································409
？？？？ 누가 공인인가? ·········································································411
？？？？ 잊혀질 권리를 보장할 것인가 ···················································413
？？？？ ‘제국의 위안부’는 표현의 자유 한계 일탈인가? ·······················414
？？？？ ‘표현의 자유’ 보호대상일까 ·····················································415
？？？？ 5·18역사왜곡처벌법 ·······························································416
？？？？ 가짜뉴스의 개념 ·······································································418
？？？？ 가짜뉴스 대응방식, 미국 “기업·언론의 팩트체크”, 유럽·한국 “법·제도적 제재” ·······420
？？？？ 혐오발언 처벌법에 대한 두 가지 생각 ······································421
？？？？ 혐오표현은 무죄? ·····································································422
？？？？ 인터넷 댓글 실명제와 혐오사이트 폐쇄 ····································424
？？？？ 인터넷 준실명제 (일명: 설리법) ···············································426
？？？？ 징벌적 손해배상 들여다보기 ····················································428
？？？？ ‘1인 미디어 시대’, 무엇이 개선돼야 할까. ·······························431
？？？？ ‘1인 미디어 시대’와 가짜뉴스 ··················································432
？？？？ 인터넷 포털과 인터넷 개인방송 규제와 플랫폼 중립성 ············433
？？？？ 집시법 제10조 한정위헌결정 ···················································435
？？？？ ‘야간집회 금지법’ 논란 ····························································436
？？？？ 전 대통령 사저 앞 시위, 장애인 지하철 탑승 시위, 성소수자 퀴어 축제···············437
？？？？ 학내에서 불거진 소송, ‘학습권’ vs ‘노동권’의 충돌 ·················440
？？？？ 필수 의약품에 대한 공중의 접근을 보장하는 강제실시 제도 ····442
？？？？ 구름빵, 검정고무신의 비극, 매절계약 ······································444
？？？？ 작품과 작가는 분리되는가 ························································445
？？？？ ‘이루다’ 사건을 통해 살펴본 AI 스타트업의 개인정보 보호 관련 규제 대응방안 ······446
？？？？ 인보사 사태와 규제완화 ···························································448
？？？？ 메타버스의 성공요건과 법적쟁점 ·············································448
？？？？ AI 시대 딜레마 ‘프레카리아트’…해법은? ································450
？？？？？？ 인권의 시각으로 보는 과학기술 ················································451
？？？？？？ 주거복지로드맵에 ‘철학’을 담아라 ···········································454
？？？？？？ ‘임대차3법’을 보는 다양한 시선 ··············································455
？？？？？？ 문화재 보호 vs 재산권 침해 (왕릉 뷰 아파트) ··························457
？？？？？？ 만 18세 투표권은 줬지만 선거 교육은 없었다 ·························459
？？？？？？ 청와대 국민청원 게시판과 용산 대통령실 국민제안 ·················462
？？？？？？ 피의사실공표 금지 강화 ···························································463
？？？？？？ 기업수사와 언론보도 ································································466
？？？？？？ 부작용 속출하는 ‘행정형 대체적 분쟁해결 (ADR)’ ··················467
？？？？？？ 베트남 민간인 학살행위와 대한민국의 배상책임 ·····················468
？？？？？？ 명절 고속도로 통행료 면제정책과 국가재정 ·····························472
？？？？？？ 코로나 시대의 학교의 재발견 ···················································474
？？？？？？ 교육의 평등권과 자립형 사립고 ················································475
？？？？？？ ‘킬러문항’과 공정 수능 ····························································479
？？？？？？ 비정규직, 시간제근로자 문제 ···················································482
？？？？？？ 비정규직 파견법, 19세 청년의 죽음이 외치는 ‘메시지’ ···········482
？？？？？？ ‘비정규직 문제 : 무엇이 문제이고 어떻게 풀어야 할 것인가?’ · 483
？？？？？？ 공공 부문 비정규직정규직으로 전환 정책 논란 ························485
？？？？？？ 주당 52시간제 확대 실시 ·························································487
？？？？？？ 정부의 ‘근로시간 개편’ 정책 ····················································489
？？？？？？ 산업재해와 중대재해기업 처벌법 ·············································493
？？？？？？ AI시대 일자리, 노동개혁서 나온다 ···········································497
？？？？？？ 직장 내 괴롭힘 방지법 ······························································500
？？？？？？ 갑질과 인권경영 ·······································································501
？？？？？？ 경비노동자에 대한 주민 갑질의 원인과 대책 ····························502
？？？？？？ 플랫폼 노동의 규모와 실태, 법 이슈 ·········································504
？？？？？？ 플랫폼 노동자의 법적 지위 ·······················································505
？？？？？？ 산재유족 특별채용 ···································································508
？？？？？？ 기본소득을 어떻게 볼까? ·························································513
？？？？？？ 고령 운전면허 소지자에 대한 관리와 고령자의 이동권 ············521
？？？？？？ 노인을 위한 나라 ······································································522
？？？？？？ 세대 갈등과 세대 통합 ······························································523
？？？？？？ 이태원 참사에 대한 국가 책임 여부 ··········································524
？？？？？？ 케이블카, 지역발전 vs 환경파괴 ··············································526
？？？？？？ 기후위기 코앞인데, 사법부 판단은 제자리 걸음 ·······················528
？？？？？？ ‘배출권 거래제’ 속 경제, 공유지의 비극과 코즈의 정리 ···········530
？？？？？？ 미국 파리기후협약 탈퇴와 공유지의 비극 ································531
？？？？？？ 길잃은 탄소중립(탈탄소정책) ···················································531
？？？？？？ 탄소세와 탄소국경세 ································································533
？？？？？？ 기후변화가 정말 걱정스럽다면 ·················································534
？？？？？？ 저출산(저출생) 해결을 위한 여러 가지 생각들 ·························537
？？？？？？ 동성부부의 혼인신고와 생활동반자법 ······································541
？？？？？？ 가족 다양성의 현실과 정책 ·······················································546
？？？？？？ 비혼가정 방송출연 논란 ···························································548
？？？？？？ 햄버거병과 식품안전·건강권 ···················································548
？？？？？？ 타투 합법화와 무면허 의료행위 ················································551
？？？？？？ 재정 과다지출 VS 건전성 유지 ·················································556
？？？？？？ 공공의료 복원 시작할 때 ··························································556
？？？？？？ ‘의료민영화’ 논란 ·····································································558
？？？？？？ 부동산 보유세 증세, 징벌 vs 공동체 규범 ································566
？？？？？？ 상속세 논란과 가업상속공제 제도 ············································568
？？？？？？ 피케티와 세금 ···········································································571
？？？？？？ 분수효과 VS 낙수효과 ·····························································572
？？？？？？ 로봇은 ‘인공적인 노동자’일까 ‘자본설비’일까 ·························575
？？？？？？ 예술·체육인에 대한 병역특례제도 ···········································578

chapter 03 국회
문제 81〉 국회의원 정수를 늘려야 하나? (정치/통치기구-1) ·········583
문제 82〉 동일 지역구 국회의원 3선 연임 제한 (정치/통치기구-2)·························584
문제 83〉 국회의원 국민소환제 (정치/통치기구-3) ·······················585
문제 84〉 국회의원의 면책특권 제한 (정치/통치기구-4) ···············587
▶생각더하기
？？？？？？ 법치국가의 원리와 의회 ···························································583
？？？？？？ 국회의원 불체포 특권 폐지 ·······················································586

chapter 04 정부
문제 85〉 인사청문회에서의 후보자의 사생활 공개 (정치/통치기구-5)··············591
문제 86〉 대통령의 사면권 제한 (정치/통치기구-6) ······················592

chapter 05 법원
▶생각더하기
？？？？？？ 평시 군사법원 폐지 찬·반 ························································595
？？？？？？ 인공지능과 법률가의 사고단계 ·················································596
？？？？？？ 인공지능이 법조인을 대신할 수 있을까 ····································597

chapter 06 헌법재판소

chapter 07 선거관리
문제 87〉 투표의무제 (정치/통치기구-7) ······································602
▶생각더하기
？？？？？？ 정의, 아니 대의란 무엇인가 ······················································605
？？？？？？ 대의제와 추첨제 ·······································································606
？？？？？？ 정당 현수막 규제 ······································································607

chapter 08 지방자치
문제 88〉 지방자치단체장에 대한 주민소환제 (정치/통치기구-8) · 608
▶생각더하기
？？？？？？ 외국인 투표권, 권리인가 불공정인가? ·····································609
？？？？？？ 지방분권과 민주주의 ································································610
？？？？？？ 지방소멸과 행정구역 광역화(메가시티) ···································611

chapter 09 경제
문제 89〉 온라인 플랫폼 규제(플랫폼 기업 무한혁신 vs 신종독점) (경제질서/규제-1) ···617
문제 90〉 공공배달앱 (경제질서/규제-2) ······································621
문제 91〉 정부의 직·간접적인 가격규제 정책 (경제질서/규제-3) ··625
문제 92〉 대형마트 의무 휴업 (경제질서/규제-4) ·························629
문제 93〉 대형 복합쇼핑몰 유치 (경제질서/규제-5) ······················630
문제 94〉 중소기업 적합업종 법제화 (경제질서/규제-6) ···············631
문제 95〉 공기업 민영화 (경제질서/규제-7) ·································636
문제 96〉 수도권 규제정책 (경제질서/규제-8) ······························649
문제 97〉 양곡관리법 개정안 (경제질서/규제-9) ··························650
▶생각더하기
？？？？？？ ‘경제민주화’란 무엇인가 ··························································615
？？？？？？ 계약의 자유와 이자제한법 ························································615
？？？？？？ 초연결사회와 온라인 플랫폼의 사회적 책임 ·····························619
？？？？？？ ‘자물쇠 효과’와 공공배달앱 ·····················································622
？？？？？？ 스크린 독점에서 OTT 독점으로 ···············································623
？？？？？？ 리니언시 제도 ···········································································624
？？？？？？ 대형마트 의무휴업일·영업시간 제한 ········································627
？？？？？？ 협력이익공유제를 바라보는 두 시선 ········································632
？？？？？？ 사회적 기업 육성 ······································································633
？？？？？？ 국민연금의 스튜어드십 코드(stewardship code) 도입 ·········634
？？？？？？ 규제샌드박스의 명과 암 ···························································636
？？？？？？ ‘민영화’를 둘러싼 다양한 시선 ·················································637
？？？？？？ 가상통화 논란 ···········································································639
？？？？？？ 묻지마 코인 투자보다 더 위험한 것 ··········································640
？？？？？？ 넷플릭스법 ···············································································641
？？？？？？ 규제의 역설 ··············································································642
？？？？？？ ESG 경영과 법률가의 역할 ······················································645
？？？？？？ 토지 공개념을 헌법에 명시해야 하나 ·······································646
？？？？？？ 불매운동의 딜레마 ···································································651
？？？？？？ 소비자 주권 ··············································································652

chapter 10 헌법개정
문제 98〉 행정수도 이전 (헌법개정-1) ··········································655
▶생각더하기
？？？？？？ 국회 이전과 행정 수도 ······························································656

PART 10 행정법
chapter 01 행정법이란?
▶생각더하기
① 막스 베버의 ‘합리주의와 관료제’ ··············································662

chapter 02 행정상의 법의 일반원칙
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② 미성년자 술 판매 업주와 비례원칙 ············································665
③ 신뢰보호의 원칙과 자사고 폐지 ················································667
④ 불법의 불평등 ···········································································668
⑤ 행정기본법 제정이 우리 사회에 주는 의미 ································671

chapter 03 행정작용

chapter 04 사후적 구제수단
문제 1〉 천재지변에 의한 피해보상 (행정법-1) ······························677
▶생각더하기
⑥ 기후변화와 국가배상 ·································································678
⑦ 국민의 인권을 보호할 국가의 책임(기지촌 성매매 국가배상 책임 인정) ··········679
⑧ 경찰면책 규정 논란 ···································································679
⑨ 코로나 손실보상법과 국가의 의무 ·············································681

PART 11 민사법
chapter 01 민법이란

chapter 02 민법총칙
▶생각더하기
① 신의성실의무와 ‘약관’ ······························································691
② 도덕적 해이를 부추기는 사회 ····················································698

chapter 03 물권
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③ 분묘기지권으로 살펴본 관습법의 의미 ······································701
④ 훈민정음 상주본 환수문제 ························································702

chapter 04 채권총칙

chapter 05 채권각칙
▶생각더하기
⑤ 명의신탁 부동산 판결로 본 ‘소유권’의 의미 ······························710
⑥ ‘도현이법’과 제조물책임법 ·······················································713
⑦ 자율주행차 교통사고 법적책임 ·················································714

chapter 06 친족·상속
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⑧ 자녀의 복리와 입양 (조부모의 미성년 손자녀 입양허가) ··········717
⑨ 유류분 폐지론에 대해 ································································719
⑩ 빚의 대물림 끊기 ·······································································720

chapter 07 민사소송법의 이해
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⑪ 신속한 재판의 제도화 ································································723
⑫ 대체적 분쟁해결제도와 신해철법 ··············································724
⑬ 한국형 ‘증거개시제도’ 도입 논의 ··············································726

chapter 08 민사법 관련쟁점
문제 1〉 이혼청구에서 파탄주의 도입 (민사법-1) ··························735
문제 2〉 징벌적 손해배상 도입 여부 (민사법-2) ·····························739
▶생각더하기
⑭ 전세 사기 피해 대책, 공적 자금투입 적절한가? ························731
⑮ 홍상수 감독, 부인과 이혼 실패…법원, ‘유책주의’ 유지 ············734
？자식 버린 부모, 죽은 자식 재산 상속 바람직한가 ·····················737
？ 소비자집단소송 ········································································741
？ 젠트리피케이션을 기회로 만드는 ‘비결’ ···································744
？ 화려한 관광산업의 이면, 투어리스티피케이션 ·························745

PART 12 형사법
chapter 01 형법이란
문제 1〉 엄벌주의에 대한 견해 대립 (형사법-1) ·····························750
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① 형벌의 목적 ···············································································749
② 법 감정과 양형기준 사이 ···························································750

chapter 02 범죄와 형벌

chapter 03 죄형법정주의와 형법의 효력
▶생각더하기
③ 땅콩회항과 죄형법정주의 ·························································759
④ 롬브로소의 ‘선천적 범죄자’와 범죄예측 기술 ···························759
⑤ “사법정의” vs “사법주권” ························································762

chapter 04 범죄의 성립과 실현단계 및 참가형태
문제 2〉 재산비례벌금제 도입 (형사법-2) ·····································777
▶생각더하기
⑥ 세월호 사건과 범죄성립 ····························································766
⑦ 가상공간(메타버스)에서 벌어지는 성범죄 처벌 가능할까?! ······767
⑧ ‘정당방위’의 요건 ·····································································769
⑨ 심신미약과 책임 ········································································772

chapter 05 국가적·사회적 법익에 대한 범죄
▶생각더하기
⑩ ‘홀덤펌’, ‘마진거래’ .... 도박인가? ···········································781

chapter 06 개인적 법익에 대한 범죄
문제 3〉 사실적시 명예훼손죄 폐지 논란 (형사법-3) ······················787
▶생각더하기
⑪ ‘표현의 자유’ 보장이 우선인가, ‘인격권 보호’가 우선인가. ······788
⑫ 당첨 확률 0%, 확률형 아이템 게임은 ‘사기죄’ 적용 대상일까? 790
⑬ 가상화폐 루나와 테라 사건과 형사책임 ····································791

chapter 07 형사소송법의 이해
▶생각더하기
⑭ 미성년 성폭력 피해자 보호 vs 공정한 재판을 받을 권리 ··········795
⑮ 헌재 “체포 과정서 영장 없이 압수수색, 헌법 어긋나” ··············797
？ 낙지살인사건과 형사재판의 원칙 ·············································800

chapter 08 형사법 관련 쟁점
문제 4〉 형사 미성년자의 연령하향 조정 (형사법-4) ······················804
문제 5〉 소년법 폐지(처벌 강화) (형사법-5) ··································809
문제 6〉 민식이법에 대한 견해 대립 (형사법-6) ·····························834
▶생각더하기
？ “처벌 강화” vs “사회안전망 구축” ···········································806
？ 자유의지와 심신미약 ································································811
？ 주취범죄 감형 폐지 ···································································812
？ 정신질환자 범죄를 바라보는 두 가지 시선 ·······························813
？ 형식적 오류 간과한 ‘누더기법’ ·················································817
？ 「벤틀리법」 도입이 필요할까? ··················································817
？ 신종범죄와 죄형법정주의, 그리고 국가의 의무 ························821
？ 영아살해죄 논란 ·······································································825
？ 청탁금지법 ················································································827
？ 덜 만들어진 이해충돌방지법 ····················································829
？ ‘성인지 감수성’에 관한 판결과 몇 가지 오해 ····························831
？ ‘비동의 간음죄’ 신설 ································································832

PART 13 국제법
chapter 01 국제법의 이해
▶생각더하기
① ‘위안부’ 문제, 국제사법재판소 회부 기대와 우려 ·····················840
② 푸틴 처벌 어려운 전범재판의 의미 ············································843

chapter 02 국제법 주요 쟁점
문제 1〉 절도범이 반입한 문화재급 불상 반환여부 (국제법-1) ·······869
▶생각더하기
③ 미얀마와 인도주의적 개입의 딜레마 ·········································845
④ 우리는 왜 국제적 지원에 나서야 하는가? ·································847
⑤ 우크라이나에 무기를 지원해야 하나 ·········································849
⑥ 일본의 자위권과 평화 헌법 ·······················································850
⑦ ‘국가면제’ 법리에 뒤집힌 위안부 피해자 소송 ··························854
⑧ 오염수 방류, 정부가 할 일과 하지 말아야 할 일 ························856
⑨ 라인홀드 니부어 ‘도덕적 인간과 비도덕적 사회’ ······················859
⑩ 투자자-국가 분쟁 해결 제도 ·····················································861
⑪ 투키디데스의 함정인가, 킨들버거 함정인가 ·····························863
⑫ 국민투표와 민주주의 ·································································865

PART 13.5 생성형 인공지능과 법적 쟁점
chapter 01 생성형 인공지능과 법적 쟁점

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 지난 몇 년간 수험생들의 과분한 사랑을 받았습니다. 그렇다 보니 매년 커다란 부담감을 안고 개정 작업에 임해야 했습니다. 그럼에도 정말 많은 분의 배려와 도움으로 개정판을 완성하게 되었습니다.

이번 개정판에서 중점적으로 보강한 부분은 크게 네 가지입니다.
첫째, 현장 강의를 책에 옮기고자 노력했습니다. 대면 강의를 통해 만날 수 있는 수험생들이 제한적이다 보니 강사로서 아쉬움이 크게 남았습니다. 이런 한계를 조금이나마 극복하고자 책을 통해, 인강을 통해 저와 함께 면접을 준비하는 비대면 수강생 입장에서 한번 더 고민하며 큰 틀에서 개정 작업을 진행하였습니다. 특히 스터디나 독학으로 책을 활용하시는 분들을 위해 단원마다 학습 목표를 제시해 두었습니다. 단원마다 핵심쟁점을 파악하고 연관된 기출문제를 함께 연습한다면 책을 통해서도 실전훈련이 가능할 것입니다.

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.
가까운 미래에 판사, 검사 그리고 변호사가 되신 여러분을 법정에서 뵙게 되는 모습을 그리며!

2023년 8월 황 정 현 변호사 올림

감사의 글

무엇보다 감사드리고 싶은 사람들은 제 수업을 선택해 주신 패밀리들입니다. 강사로서 부족한 부분을 그분들과 함께 한 시간을 통해 채워갈 수 있었습니다. 합격한 후에도 선생님의 책을 채워주기 위해 노력해 준 우리 패밀리들에게 지면을 통해 감사의 마음을 전합니다(이 책의 기출문제는 수강생들의 노력과 정성으로 채워졌습니다. 매년 우리 수강생들에게 정말 과분한 보답을 받는 것 같습니다.).

벌써 6년째 부족한 저를 채워주고 있는 손영선 연구원님, 홍정현 대표님! 항상 곁에 있어 줘서 작업하는 내내 큰 힘을 얻을 수 있었습니다. 특히 조금씩 책이 좋아지고 있다면 그건 손영선님과 안중돈님, 조성헌님 노력의 결실일 겁니다. 이제는 변호사가 되어 공저자 역할을 해 주시는 윤세환 변호사, 양준명 변호사 덕에 올해는 면접책 작업에 전념할 수 있었습니다!
그리고 그때그때 선생님을 도와주러 바쁜 시간을 내어 달려와 준 저의 역대 조교님들 (노태림, 장진우, 윤인상, 곽우영, 김은택, 송창근, 김동현, 최인성, 공태훈, 홍정헌, 김승제, 서영기, 김반석, 한정인, 박규연, 김성준, 김승범, 노희재, 마건주, 함윤식, 정연우, 전원진, 이동혁, 장용훈, 이동현, 박준홍, 공원태) 책 구석구석 그들과 함께 보낸 시간이 담겨 있는 듯합니다. 책의 부족한 부분을 함께 채워 준 손상민 박사님, 임고은, 곽우영 변호사, 김규영 검사, 배종우 변호사, 박지은, 김나음님께도 고마움을 전합니다. 어떻게 보면 조언을 아낌없이 주고 있는 우리 황변패밀리 모두가 『로스쿨 면접Q』의 공동 저자입니다.
함량 미달이었던 저자를 뽑아서 변호사로 만들어 주신 모교의 교수님들 덕분에 이나마 책을 쓸 수 있었습니다. 특히 지도교수이신 존경하는 이재목 교수님과 김웅규 교수님, 장석천 교수님, 윤승영 교수님, 바쁘신 일정 속에서도 매번 패밀리들을 지도해주시는 함철성 변호사님, 윤종욱 변호사님께 감사의 마음을 전하고 싶습니다(매년 모의면접관으로 고생해 주시는 신동훈 변호사님, 권만수 변호사님, 한광석 변호사님, 박선영 변호사님, 김종남 변호사님, 신경철 변호사님, 설민호 변호사님, 이서우 변호사님, 이형구 변호사님, 조현석 변호사님, 안광휘 변호사님께도)
법률저널의 이성진 팀장님, 이명신 팀장님, 김지영님의 도움이 없었으면 책은 아직도 제 노트북에 있었을 듯합니다.
항상 곁에서 함께 고민해 주시고 조언해 주시는 조호현 선생님과 부족한 저자를 면접 강사로 만들기 위해 노력해 주시는 메가로스쿨과 메가로이어스의 임직원 분들께도 고마움을 전합니다.

그리고 항상 제 마음속에 있는 소중한 분들에게 감사를^^
이제 같은 법무법인에서 선배의 부족함을 메워주고 있는 ‘운명 공동체’ 최웅구 변호사와 정동주 변호사 (우리 두 동반자가 없었으면 강의도 책도 불가능했을 것 같다.)

남편을 변호사로 만든 것도 부족해 책 쓴다고 자신의 16년 회사 생활의 노하우를 쏟아내 준 사랑하는 아내와, 바쁜 아빠를 잘 이해해주는 두 아들 준경이와 준서, 동생을 변호사로 만든 존경하는 황창선 변호사님과 더욱 존경하는 형수님, 그리고 언제나 큰 힘을 주시는 장인어른, 장모님과 못난 아들땜에 맘고생 많이 하신 아버지, 어머니..........
이 모든 이를 위해서라도 매 순간 부끄럽지 않게 최선을 다하며 살겠습니다.^^

p.s. 작년부터 스튜디오 겸 연구실에서 행복하게 일할 수 있었습니다.
‘성장할 수 있는 공간’을 제공해주신 윤정종합건설 윤춘계 회장님과
정수연 사장님께 이 책을 통해 감사와 존경의 마음을 전합니다!
하늘에서도 응원해주고 있을 진서정님에게도 고마움을 전합니다.