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책소개
목차 리뷰 ( 0건 )
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■ 책 소개 ■
Ⅰ. 2015년 법원행시 문제의 특징
2015년 법원행시 1차 기출문제의 경우 헌법에서는 헌법재판소 판례와 더불어 대법원 판례의
태도를 함께 묻는 문제가 6개가 출제되었고, 7개 지문이 들어있는 박스형 문제도 출제되었습
니다. 민법에서는 6개 지문이 들어있는 박스형 문제가 6개가 출제되었고, 성년후견제도를 포
함하여 친족법에서 4개, 상속법에서 3개가 출제되어 친족·상속법 부분에서 출제가 많이 되었
습니다. 또한, 형법에서는 6개 지문이 들어있는 박스형 문제가 7개가 출제되었습니다. 따라서
최근 법원행시 문제의 경향은 5개 지문 이상의 박스형 문제 출제 강화, 최근 법률이 개정되어
새롭게 시행되는 제도 및 최신 판례에 대한 문제 출제 강화 등으로 요약할 수 있습니다. 결국
얼마나 정확히 관련 규정 및 판례를 숙지하는지에 따라 점수가 좌우될 수밖에 없으며, 헌법의
경우 해당 부분의 헌법재판소 판례뿐만 아니라 관련 대법원 판례를 같이 공부해야 할 것으로
보입니다.
Ⅱ. 2016년판 법행바이블의 특징
1. 법원행시 7개년 1차 기출문제의 충실한 해설
2009년부터 2015년까지 법원행시 1차 기출문제를 진도별로 해설하였습니다. 개정된 법률
및 전원합의체 판결을 반영하여 기존 문제의 해설을 업데이트하였고 판례의 중요한 문구나
핵심 쟁점에는 굵게 표시를 하여 이해가 쉽도록 하였습니다. 특히, 2016. 1. 6. 및 2016.
2. 4.부터 시행된 개정 민법과 2016. 1. 6. 시행된 개정 형법의 주요내용을 요약하여 해당
단원 앞에 수록하였고 해설에 반영하였습니다.
2. 법무사 및 5급승진 시험 문제의 해설 수록
법원행시의 경우 법원행정처에서 주관하는 다른 시험인 법무사나 5급승진(법원사무관승
진) 시험과 그 출제 유형이 비슷하고 유사한 문제가 출제되는 경향이 있습니다. 따라서 헌
법의 경우 2014년 및 2015년 법무사 시험의 해설을, 민법과 형법의 경우 2014년 및 2015
년 5급승진 시험의 해설을 추가로 수록하였습니다.
3. 막판정리용 기출지문 OX와 TIP!!을 수록
시험 하루 전날 빨리 스킵을 할 수 있도록 각 단원 앞에 “막판정리용 기출지문 OX”를 정리
해놓았고, 어떻게 공부를 하는 것이 효율적이며 그 단원에서 중요한 내용이 무엇인지 알
수 있도록 “TIP!!”을 수록하였습니다.
PREFACE
4. 법원행시 2차 기출문제의 논점과 분석도표 및 출제예상을 수록
2014년부터 법원행시도 1차 시험 합격자의 다음해 1차 시험 면제제도가 폐지되어 다른
행정고시와 같이 1차 시험과 2차 시험을 한 해에 통과하여야 최종합격을 할 수 있게 되었
습니다. 따라서 1차 시험뿐만 아니라 2차 시험도 미리 준비를 해두는 것이 중요해졌으며,
이에 본서에는 2009년부터 2015년까지 7개년 법원행시 2차 시험의 과목별 논점을 정리해
놓았고, 교과서를 기준으로 어느 부분에서 출제가 많이 되었는지 알 수 있도록 분석도표를
수록하였습니다. 그리고 2016년 2차 시험에서 출제될 수 있는 부분에 대한 예상을 서술해
놓았습니다.
5. 공부방법론
저자가 법원행시를 준비하면서 이런 방법이 좀 더 수험적합성이 있었던 것 같다는 방법론
을 서술해 놓았습니다. 1차 기출문제의 해설 앞에 1차 공부방법론, 2차 기출문제의 논점
앞에 2차 공부방법론을 서술해 놓았습니다.
Ⅲ. 당부의 말
2017년 사법시험 폐지 예정에 따라 오로지 법원행시만 준비하는 수험생이 늘고 있는 상황이
며, 1차 및 2차 시험을 동시에 준비해야 하는 부담이 있는 만큼 단기간에 집중하여 효율적으로
시험을 준비하는 것이 필요해 보입니다. 따라서 사전에 수험계획을 치밀하게 세워 각자 가지
고 있는 기본서로 기본이론 및 판례의 내용을 숙지하고 본서로 기출문제 분석을 정확히 한 후
에 최근 개정 법률 및 최신 판례에 대비한다면 아무리 소수만 뽑는 시험이라 할지라도 합격의
영광이 반드시 수험생 여러분들에게 돌아갈 것이라고 생각합니다.
법원사무관이라는 공직의 꿈을 가지고 시간과 열정을 아끼지 않고 노력하시는 수험생 여러분
의 합격을 진심으로 기원합니다.
2016년 4월
유 승 환
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「1차 진도별 법행바이블 ············································································································ 14
헌법 제1편 헌법총론 ············································································································ 18
제1장 헌법과 헌법학 ······························································································· 18
제1절 헌법의 의의와 헌법관 ················································································ 19
제2절 헌법의 해석 ································································································· 20
제3절 헌법의 제정·개정과 변천 ········································································ 22
제4절 헌법의 수호 ································································································· 24
제2장 대한민국헌법총설 ························································································· 26
제1절 대한민국헌정사 ···························································································· 28
제2절 대한민국의 국가형태와 구성요소 ······························································ 32
제3절 헌법의 기본원리 ·························································································· 42
제4절 헌법의 기본질서 ·························································································· 60
제5절 헌법의 기본제도 ·························································································· 70
제1항 헌법과 제도적 보장 ·················································································· 73
제2항 정당제도 ···································································································· 73
제3항 선거제도 ···································································································· 80
제4항 공무원제도 ································································································ 91
제5항 지방자치제도 ····························································································· 97
제2편 기본권론 ········································································································· 117
제1장 기본권 총론 ································································································· 117
제2장 인간의 존엄과 가치, 행복추구권, 법 앞의 평등 ································ 135
제3장 자유권적 기본권 ························································································· 162
제1절 생명권 ········································································································ 165
제2절 신체의 자유권 ··························································································· 172
제3절 사생활 자유권 ··························································································· 217
제4절 정신적 자유권 ··························································································· 241
제1항 양심의 자유 ···························································································· 244
제2항 종교의 자유 ···························································································· 254
제3항 언론·출판·집회·결사의 자유 ··························································· 262
제4항 학문과 예술의 자유 ··············································································· 296
CONTENTS
제4장 경제적 기본권 ····························································································· 300
제1절 재산권 ········································································································ 301
제2절 직업선택의 자유 ······················································································· 316
제3절 소비자의 권리 ··························································································· 331
제5장 정치적 기본권 ····························································································· 332
제6장 청구권적 기본권 ························································································· 344
제1절 청구권적 기본권의 구조와 체계 ····························································· 346
제2절 청원권 ········································································································ 346
제3절 재판청구권 ································································································· 348
제4절 형사보상청구권 ························································································· 376
제5절 국가배상청구권 ························································································· 382
제6절 범죄피해자구조청구권 ·············································································· 385
제7장 사회적 기본권 ····························································································· 387
제1절 인간다운 생활을 할 권리 ········································································ 389
제2절 교육을 받을 권리 ····················································································· 390
제3절 근로의 권리 및 근로3권 ·········································································· 404
제4절 환경권 ········································································································ 411
제5절 혼인과 가족생활의 보장 ·········································································· 414
제6절 모성의 보호와 보건권 ·············································································· 424
제8장 국민의 기본적 의무 ··················································································· 425
제3편 통치구조론 ····································································································· 434
제1장 통치구조론의 이론적 기초와 체계 ························································· 434
제2장 통치구조의 구성원리 ················································································· 434
제3장 통치구조의 형태 ························································································· 434
제4장 국회 ··············································································································· 434
제5장 대통령과 행정부 ························································································· 473
제1절 대통령 ········································································································ 473
제2절 행정부 ········································································································ 486
제3절 선거관리위원회 ························································································· 497
제6장 법원 ··············································································································· 498
제7장 헌법재판소 ··································································································· 517
제1절 헌법재판제도 ····························································································· 519
제2절 위헌법률심판 ····························································································· 539
제3절 탄핵심판 ····································································································· 546
제4절 정당해산심판 ····························································································· 551
제5절 권한쟁의심판 ····························································································· 554
제6절 헌법소원심판 ····························································································· 566
민법 제1편 민법총칙 ········································································································· 594
제1장 통칙 ··············································································································· 594
제1절 민법일반, 법원 ·························································································· 595
제2절 신의성실 ····································································································· 595
제2장 인 ··················································································································· 600
제1절 능력 ············································································································ 601
제2절 주소 ············································································································ 602
제3절 부재와 실종 ······························································································· 602
제3장 법인 ··············································································································· 605
제4장 물건 ··············································································································· 620
제5장 법률행위 ······································································································· 626
제1절 총칙 ············································································································ 626
제2절 의사표시 ····································································································· 635
제3절 대리 ············································································································ 650
제4절 무효와 취소 ······························································································· 670
제5절 조건과 기한 ······························································································· 677
제6장 기간 ··············································································································· 682
제7장 소멸시효 ······································································································· 683
제2편 물권법 ·············································································································· 700
제1장 총칙 ··············································································································· 700
제2장 점유권 ··········································································································· 722
제3장 소유권 ··········································································································· 733
제1절 소유권의 한계 ··························································································· 733
제2절 소유권의 취득 ··························································································· 750
제3절 공동소유 ····································································································· 766
제4절 명의신탁 ····································································································· 777
제4장 지상권 ··········································································································· 786
제5장 지역권 ··········································································································· 797
제6장 전세권 ··········································································································· 798
제7장 유치권 ··········································································································· 805
CONTENTS
제8장 질권 ··············································································································· 812
제9장 저당권 ··········································································································· 817
제10장 비전형담보물권 ························································································ 833
제3편 채권총론 ········································································································· 839
제1장 채권의 목적 ································································································· 839
제2장 채권의 효력 ································································································· 843
제1절 채무불이행과 그 구제방법 ······································································ 843
제2절 책임재산의 보전 ······················································································· 870
제3장 수인의 채권자 및 채무자 ········································································ 889
제4장 채권의 양도와 채무의 인수 ···································································· 908
제5장 채권의 소멸 ································································································· 923
제4편 채권각론 ········································································································· 948
제1장 계약의 성립과 효력 ··················································································· 948
제2장 계약의 해지, 해제 ····················································································· 969
제3장 각종의 계약 ································································································· 979
제1절 증여 ············································································································ 982
제2절 매매, 환매 ································································································· 983
제3절 교환, 소비대차, 사용대차 ······································································· 995
제4절 임대차 ········································································································ 996
제5절 고용, 도급, 여행계약 ············································································ 1016
제6절 현상광고, 위임, 임치 ············································································ 1023
제7절 조합 ·········································································································· 1024
제8절 종신정기금, 화해 ···················································································· 1026
제4장 사무관리 ····································································································· 1027
제5장 부당이득 ····································································································· 1032
제6장 불법행위 ····································································································· 1046
제5편 친족법 ··········································································································· 1060
제1장 총칙, 가족의 범위와 자의 성과 본 ····················································· 1061
제2장 혼인과 이혼 ······························································································ 1062
제3장 부모와 자(친생자·양자·친권) ··························································· 1081
제4장 후견 ············································································································· 1095
제5장 부양 ············································································································· 1098
제6편 상속법 ··········································································································· 1102
제1장 상속 ············································································································· 1102
제2장 유언 ············································································································· 1118
제3장 유류분 ········································································································· 1124
형법 Ⅰ. 형법총론
제1편 형법의 일반이론 ························································································ 1132
제1장 형법의 기본개념 ······················································································· 1132
제2장 형법의 기본원리 ······················································································· 1132
제3장 형법의 적용범위 ······················································································· 1140
제1절 형법의 시간적 적용범위 ········································································ 1141
제2절 형법의 장소적 적용범위 ········································································ 1144
제3절 형법의 인적 적용범위 ············································································ 1150
제2편 범죄론 ··········································································································· 1151
제1장 범죄론의 기초 ·························································································· 1151
제1절 범죄의 의의와 종류 ··············································································· 1152
제2절 행위론 ······································································································ 1162
제3절 범죄체계론 ······························································································· 1162
제4절 행위의 주체와 객체 ··············································································· 1163
제2장 구성요건론 ································································································· 1164
제1절 구성요건의 일반이론 ·············································································· 1166
제2절 결과반가치와 행위반가치 ······································································ 1166
제3절 부작위범 ·································································································· 1166
제4절 인과관계와 객관적 귀속 ········································································ 1173
제5절 구성요건적 고의 ····················································································· 1176
제6절 구성요건적 착오 ····················································································· 1182
제7절 과실범 ······································································································ 1182
제8절 결과적 가중범 ························································································· 1186
제3장 위법성론 ····································································································· 1190
제1절 위법성의 일반이론 ················································································· 1191
제2절 정당방위 ·································································································· 1191
제3절 긴급피난 ·································································································· 1193
제4절 자구행위 ·································································································· 1193
제5절 피해자의 승낙 ························································································· 1193
제6절 정당행위 ·································································································· 1196
CONTENTS
제4장 책임론 ········································································································· 1204
제1절 책임의 일반이론 ····················································································· 1205
제2절 책임능력 ·································································································· 1205
제3절 위법성의 인식과 금지착오 ···································································· 1211
제4절 기대가능성 ······························································································· 1214
제5장 미수론 ········································································································· 1215
제1절 미수범의 일반이론 ················································································· 1216
제2절 장애미수 ·································································································· 1217
제3절 중지미수 ·································································································· 1220
제4절 불능미수 ·································································································· 1225
제5절 예비죄 ······································································································ 1232
제6장 정범 및 공범론 ························································································ 1237
제1절 정범·공범의 일반이론 ·········································································· 1239
제2절 간접정범 ·································································································· 1244
제3절 공동정범 ·································································································· 1249
제4절 교사범 ······································································································ 1256
제5절 종범 ·········································································································· 1265
제6절 공범과 신분 ····························································································· 1268
제7장 죄수론 ········································································································· 1270
제1절 죄수의 일반이론 ····················································································· 1272
제2절 일 죄 ········································································································ 1274
제3절 수 죄 ········································································································ 1290
제3편 형벌론 ··········································································································· 1305
제1절 형벌의 종류 ····························································································· 1306
제2절 형의 양정 ································································································ 1319
제3절 누 범 ········································································································ 1332
제4절 집행유예·선고유예·가석방 ································································ 1340
제5절 형의 시효·소멸·기간 ········································································· 1353
제6절 보안처분 ·································································································· 1357
Ⅱ. 형법각론
제1편 개인적 법익에 대한 죄 ··········································································· 1360
제1장 생명과 신체에 대한 죄 ·········································································· 1360
제1절 살인의 죄 ································································································ 1362
제2절 상해와 폭행의 죄 ··················································································· 1365
제3절 과실치사상의 죄 ····················································································· 1371
제4절 낙태의 죄 ································································································ 1373
제5절 유기와 학대의 죄 ··················································································· 1374
제2장 자유에 대한 죄 ························································································ 1375
제1절 협박의 죄 ································································································ 1376
제2절 강요의 죄 ································································································ 1383
제3절 체포와 감금의 죄 ··················································································· 1383
제4절 약취와 유인의 죄 ··················································································· 1387
제5절 강간과 추행의 죄 ··················································································· 1391
제3장 명예와 신용에 대한 죄 ·········································································· 1400
제1절 명예에 관한 죄 ······················································································· 1401
제2절 신용 및 업무와 경매에 관한 죄 ··························································· 1411
제4장 사생활의 평온에 대한 죄 ······································································ 1421
제1절 비밀침해의 죄 ························································································· 1422
제2절 주거침입의 죄 ························································································· 1422
제5장 재산에 대한 죄 ························································································ 1430
제1절 재산죄의 기본개념 ················································································· 1431
제2절 절도의 죄 ································································································ 1442
제3절 강도의 죄 ································································································ 1452
제4절 사기의 죄 ································································································ 1466
제5절 공갈의 죄 ································································································ 1485
제6절 횡령의 죄 ································································································ 1495
제7절 배임의 죄 ································································································ 1511
제8절 장물의 죄 ································································································ 1533
제9절 손괴의 죄 ································································································ 1546
제10절 권리행사를 방해하는 죄 ······································································ 1552
제2편 사회적 법익에 대한 죄 ··········································································· 1566
제1장 공공의 안전과 평온에 대한 죄 ···························································· 1566
제1절 공안을 해하는 죄 ··················································································· 1567
CONTENTS
제2절 폭발물에 관한 죄 ··················································································· 1567
제3절 방화와 실화의 죄 ··················································································· 1568
제4절 일수와 수리에 관한 죄 ·········································································· 1570
제5절 교통방해의 죄 ························································································· 1570
제2장 공공의 신용에 대한 죄 ·········································································· 1573
제1절 통화에 관한 죄 ······················································································· 1573
제2절 유가증권·인지와 우표에 관한 죄 ······················································· 1576
제3절 문서에 관한 죄 ······················································································· 1581
제4절 인장에 관한 죄 ······················································································· 1598
제3장 공중의 건강에 대한 죄 ·········································································· 1599
제1절 음용수에 관한 죄 ··················································································· 1599
제2절 아편에 관한 죄 ······················································································· 1599
제4장 사회의 도덕에 대한 죄 ·········································································· 1599
제1절 성풍속에 관한 죄 ··················································································· 1600
제2절 도박과 복표에 관한 죄 ·········································································· 1601
제3절 신앙에 관한 죄 ······················································································· 1601
제3편 국가적 법익에 대한 죄 ··········································································· 1602
제1장 국가의 존립과 권위에 대한 죄 ···························································· 1602
제1절 내란의 죄 ································································································ 1603
제2절 외환의 죄 ································································································ 1604
제3절 국기에 관한 죄 ······················································································· 1604
제4절 국교에 관한 죄 ······················································································· 1604
제2장 국가의 기능에 대한 죄 ·········································································· 1605
제1절 공무원의 직무에 관한 죄 ······································································ 1605
제2절 공무방해에 관한 죄 ··············································································· 1632
제3절 도주와 범인은닉의 죄 ············································································ 1649
제4절 위증과 증거인멸의 죄 ············································································ 1657
제5절 무고의 죄 ································································································ 1670
2차 진도별 법행바이블 ········································································································ 1684
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