제1편 / 법일반론 제1장 법의 의의와 구조 ·········································································14 제2장 법의 해석과 적용 ·········································································22 제3장 법률관계와 권리･의무 ··································································24 제4장 법문화 ···························································································26 기출문제 ···································································································27 제2편 / 민법 제1장 민법 총칙 ······················································································34 제1절 민법의 법원과 체계 ·································································34 Ⅰ. 민법 제1조 ·······················································································34 Ⅱ. 민법의 법원의 종류 ·········································································34 Ⅲ. 민법의 체계 ······················································································34 제2절 민법의 기본원리(2004기출)(2003기출) ··································35 Ⅰ. 근대민법의 기본원리 ·······································································35 Ⅱ. 근대민법의 기본원리의 수정 ··························································35 제3절 권리와 의무 ··············································································37 Ⅰ. 법률관계의 구성요소 : 권리와 의무 ·············································37 Ⅱ. 권리 ···································································································37 Ⅲ. 의무 ···································································································38 Ⅳ. 권리의 행사와 의무의 이행 ··························································38 제4절 권리의 주체 ··············································································41 Ⅰ. 자연인 ·······························································································41 Ⅱ. 법인 ···································································································48 제5절 권리의 객체(2020기출) ····························································49 Ⅰ. 권리의 객체의 의의 ·········································································49 Ⅱ. 물건 ···································································································49 제6절 권리의 변동 ··············································································50 Ⅰ. 총설 ···································································································50 Ⅱ. 법률행위(2012기출)(2009기출) ······················································50 Ⅲ. 의사표시 ···························································································51 Ⅳ. 무효와 취소 ······················································································52 Ⅴ. 조건과 기한(법률행위의 부관) ·······················································53 제2장 물권법 ···························································································54 제1절 물권 일반 ·················································································54 Ⅰ. 물권의 의의 ······················································································54 Ⅱ. 물권의 종류 ······················································································54 제2절 물권의 변동 ··············································································55 Ⅰ. 물권변동의 원인 ··············································································55 Ⅱ. 물권의 공시제도 ··············································································55 Ⅲ. 공시의 원칙 ····················································································56 Ⅳ. 공신의 원칙 ······················································································56 Ⅴ. 부동산등기 ························································································56 Ⅵ. 2중매매 ·····························································································57 제3절 점유권 ·······················································································59 Ⅰ. 개념 : 물건에 대한 사실상의 지배만으로 성립하는 물권 ··········59 Ⅱ. 효력 ···································································································59 제4절 소유권(2015기출)(2013기출) ···················································60 Ⅰ. 소유권의 내용 : 사용, 수익, 처분 ················································60 Ⅱ. 소유권의 취득 ··················································································60 Ⅲ. 공동소유 ···························································································61 제5절 용익 물권(2015기출)(2013기출) ·············································62 Ⅰ. 지상권 ·······························································································62 Ⅱ. 지역권 ·······························································································62 Ⅲ. 전세권 ·······························································································63 제6절 담보물권(2015기출)(2013기출) ···············································63 Ⅰ. 물적담보제도와 인적담보제도 ························································63 Ⅱ. 담보물권의 특성 ··············································································63 Ⅲ. 유치권 ·······························································································64 Ⅳ. 질권 ···································································································64 Ⅴ. 저당권 ·······························································································65 제3장 채권 총칙 ······················································································66 제1절 채권의 효력 ··············································································66 Ⅰ. 채무불이행과 그 구제 ·····································································66 Ⅱ. 책임재산의 보전 ··············································································67 제2절 채권의 소멸 ··············································································68 Ⅰ. 변제 ···································································································68 Ⅱ. 대물변제 ···························································································68 Ⅲ. 공탁 ···································································································68 Ⅳ. 상계 ···································································································68 Ⅴ. 갱개(更改) ·························································································68 Ⅵ. 면제 ···································································································68 Ⅶ. 혼동 ···································································································69 Ⅷ. 기타의 소멸원인 ··············································································69 제4장 채권 각칙 ······················································································70 제1절 계약2총칙 ·················································································70 Ⅰ. 계약의 개념 ····················································································70 Ⅱ. 계약의 종류 ······················································································70 Ⅲ. 계약의 성립 ······················································································70 Ⅳ. 쌍무계약의 효력 ··············································································70 Ⅴ. 계약의 해제와 해지 ·········································································71 제2절 계약 각칙 ·················································································73 Ⅰ. 증여 ···································································································73 Ⅱ. 매매 ···································································································73 Ⅲ. 교환 ···································································································74 Ⅳ. 소비대차 ···························································································74 Ⅴ. 사용대차 ···························································································74 Ⅵ. 임대차 ·······························································································74 Ⅶ. 고용 ···································································································78 Ⅷ. 도급 ···································································································78 Ⅸ. 현상광고 ···························································································78 Ⅹ. 위임 ···································································································78 ⅩⅠ. 임치 ·································································································78 ⅩⅡ. 조합 ·································································································78 ⅩⅢ. 종신정기금 ······················································································78 ⅩⅣ. 화해 ·································································································79 ⅩⅤ. 여행계약 ·························································································79 제3절 사무관리 ···················································································80 Ⅰ. 의의 ···································································································80 Ⅱ. 성립요건 ···························································································80 제4절 부당이득(2008기출) ·································································80 Ⅰ. 의의 ···································································································80 Ⅱ. 효과 ···································································································80 Ⅲ. 불법원인급여 ··················································································80 제5절 불법행위(2018기출)(2010기출) ···············································82 Ⅰ. 의의 ·································································································82 Ⅱ. 성립요건 ···························································································82 Ⅲ. 효과 : 손해배상의무와 손해배상청구권 발생 ······························83 Ⅳ. 특수불법행위 ····················································································85 제5장 친족･상속법 ··················································································88 제1절 혼인 ··························································································88 Ⅰ. 혼인의 성립 요건 ············································································88 Ⅱ. 혼인의 효과(2013기출) ···································································88 Ⅲ. 사실혼 ·······························································································91 Ⅳ. 혼인의 무효와 취소 ·········································································91 제2절 이혼(2011기출)(2010기출) ······················································92 Ⅰ. 의의 ·································································································92 Ⅱ. 종류(방법 ························································································92 Ⅲ. 이혼의 효과 ····················································································94 제3절 부모와 자 ·················································································95 Ⅰ. 친생자 ·······························································································95 Ⅱ. 양자 ·································································································96 Ⅲ. 친권 ·································································································98 Ⅳ. 자의 성과 본 ····················································································99 제4절 친족관계 ·················································································100 Ⅰ. 친족의 범위 ··················································································100 Ⅱ. 부양관계 ·························································································100 제5절 상속(2017기출)(2014기출)(2007기출) ··································101 Ⅰ. 상속 일반 ·······················································································101 Ⅱ. 법정상속 ·······················································································104 Ⅲ. 유언(2009기출) ··············································································105 Ⅳ. 유류분제도 ·····················································································107 Ⅴ. 특별수익자의 상속분 ·····································································108 Ⅵ. 기여분 ·····························································································108 Ⅶ. 상속인의 부존재 ············································································108 기출문제 109 제3편 / 헌법 제1장 헌법 서론 ···················································································132 제1절 헌법의 의의 ············································································132 Ⅰ. 역사적 발전과정에 따른 헌법 개념 ·············································132 Ⅱ. 헌법의 종류 ···················································································133 Ⅲ. 헌법의 특성 ···················································································134 제2절 헌법의 제정과 개정 ·······························································135 Ⅰ. 헌법의 제정 ···················································································135 Ⅱ. 헌법의 개정 ···················································································136 제3절 헌법의 보장 ············································································137 Ⅰ. 대한민국 헌법의 헌법보장제도 ····················································137 Ⅱ. 방어적 민주주의 ············································································140 제2장 대한민국 헌법 ············································································142 제1절 대한민국의 국가형태 ·····························································142 Ⅰ. 국가의 구성요소(주권, 국민, 영토) ·············································142 Ⅱ. 대한민국의 국가형태 ···································································144 제2절 대한민국 헌법의 기본원리 ····················································144 Ⅰ. 헌법전문 ·························································································144 Ⅱ. 헌법의 기본원리 ············································································145 제3절 대한민국의 기본질서 ·····························································148 Ⅰ. 정치질서 ·······················································································148 Ⅱ. 사회･경제 질서 ··············································································149 Ⅲ. 국제질서 ·························································································151 제4절 대한민국의 기본제도 ·····························································154 Ⅰ. 정당제도 ·························································································154 Ⅱ. 선거제도 ·························································································157 Ⅲ. 공무원제도 ·····················································································166 Ⅳ. 지방자치제도 ··················································································167 제3장 기본권 총론 ················································································172 제1절 기본권 서론 ············································································172 Ⅰ. 기본권 보장의 역사적 전개 ··························································172 Ⅱ. 기본권과 제도보장 ·········································································173 제2절 기본권의 법적 성격 ·······························································174 Ⅰ. 기본권의 주체 ··············································································174 Ⅱ. 기본권의 효력 ················································································176 Ⅲ. 기본권의 제한 ················································································179 Ⅳ. 기본권의 침해와 구제 ···································································183 제4장 기본권 각론 ················································································184 제1절 포괄적 기본권 ········································································184 Ⅰ. 인간의 존엄과 가치(2007기출) ····················································184 Ⅱ. 행복추구권(2012기출) ···································································186 Ⅲ. 평등권 ·····························································································187 제2절 자유권적 기본권 ····································································192 Ⅰ. 신체에 관한 자유와 권리(2013기출)(2003기출) ························192 Ⅱ. 사회･경제적 자유 ··········································································202 Ⅲ. 정신적 자유 ···················································································209 제3절 생존권적 기본권 ····································································217 Ⅰ. 생존권의 연혁과 종류 ···································································217 Ⅱ. 자유권적 기본권과 생존권적 기본권의 관계 ······························217 Ⅲ. 인간다운 생활을 할 권리 ·····························································218 Ⅳ. 교육을 받을 권리 ··········································································218 Ⅴ. 근로의 권리 ···················································································221 Ⅵ. 근로3권 ···························································································222 Ⅶ. 경권 ································································································226 Ⅷ. 혼인･가족･모성･보건에 관한 권리 ··············································227 제4절 청구권적 기본권 ····································································227 Ⅰ. 의미 및 성질 ··················································································227 Ⅱ. 청원권 ·····························································································227 Ⅲ. 재판청구권(2012기출) ···································································228 Ⅳ. 형사보상청구권 ··············································································230 Ⅴ. 국가배상청구권 ··············································································231 Ⅵ. 범죄피해자의 구조청구권(2010기출) ···········································231 제5절 참정권적 기본권 ····································································232 Ⅰ. 선거권 ·····························································································232 Ⅱ. 공무담임권 ·····················································································232 Ⅲ. 국민표결권(국민투표권)(2014기출) ··············································233 제6절 국민의 기본의무 ····································································234 Ⅰ. 고전적 의무 ···················································································234 Ⅱ. 새로운 의무 ···················································································235 제5장 통치구조의 조직원리 ·································································236 제1절 대의제(국민대표주의) ······························································236 제2절 권력분립주의(2018기출)(2002기출) ········································237 제6장 통치기구 ·····················································································238 제1절 입법부 ·····················································································238 Ⅰ. 국회의 구성 ···················································································238 Ⅱ. 국회의 조직 ···················································································238 Ⅲ. 국회의 운영 ···················································································239 Ⅳ. 국회의 권한(2019기출) ·································································241 Ⅴ. 국회의원의 지위와 특권 ·······························································245 Ⅵ. 국회의원직 상실 사유 ···································································248 제2절 ㅤㅋㅣㄼN悶대통령 ·····················································································249 Ⅰ. 대통령의 지위 ················································································249 Ⅱ. 대통령의 권한 ················································································249 제3절 행정부 ·····················································································252 Ⅰ. 국무총리 ·························································································252 Ⅱ. 국무위원 ·························································································253 Ⅲ. 국무회의 ·························································································253 Ⅳ. 행정각부 ·························································································254 Ⅴ. 대통령의 자문기관 ·········································································254 Ⅵ. 감사원 ·····························································································254 Ⅶ. 선거관리위원회 ··············································································255 제4절 사법부 ·····················································································255 Ⅰ. 사법의 특성 ···················································································255 Ⅱ. 사법권의 한계(법원의 관할의 한계) ············································256 Ⅲ. 법원의 헌법상 지위 ·······································································257 Ⅳ. 법원의 조직과 구성 및 권한 ························································257 Ⅴ. 사법의 절차와 운영 ·······································································259 Ⅵ. 사법권의 독립 ················································································260 제5절 헌법재판소(2016기출)(2013기출)(2012기출)(2009기출) ·····262 Ⅰ. 헌법재판소의 조직과 운영 ····························································262 Ⅱ. 위헌법률심판권 ··············································································263 Ⅲ. 탄핵심판권(2004기출) ···································································268 Ⅳ. 위헌정당의 해산심판권 ·································································270 Ⅴ. 권한쟁의심판권(2015기출)(2003기출) ·······································270 Ⅵ. 헌법소원심판(2020기출) ·······························································273 Ⅶ. 권리구제형 헌법소원(2010기출)(2001기출)(2002. 공사 기출) 274 Ⅷ. 위헌심사형 헌법소원 ·····································································281 기출문제 283 제4편 / 형법 제1장 형법의 기본이론 ·········································································304 제1절 형법의 기본 개념 ···································································304 Ⅰ. 형법의 개념 ···················································································304 Ⅱ. 형법의 기능 ···················································································304 제2절 형법의 발달 ············································································306 제3절 죄형법정주의 ··········································································306 Ⅰ. 목적 ································································································306 Ⅱ. 형식적 의미 ···················································································306 Ⅲ. 실질적 의미 ···················································································307 Ⅳ. 사상적 기초 ···················································································307 Ⅴ. 죄형 법정주의의 원칙(2019기출)(2018기출)(2013기출) ···········307 제4절 형벌이론 ·················································································308 Ⅰ. 응보형주의 ·····················································································308 Ⅱ. 목적형주의 ·····················································································308 제2장 형법의 적용범위 ·········································································310 제1절 형법의 시간적 적용범위 (2019기출) ····································310 Ⅰ. 입법주의 ·························································································310 Ⅱ. 우리 형법의 태도 ··········································································310 제2절 형법의 장소적 적용범위 ························································311 Ⅰ. 입법주의 ·························································································311 Ⅱ. 우리 형법의 태도 ··········································································311 제3장 범죄 ····························································································312 제1절 실질적 범죄개념과 형식적 범죄개념(2013기출) ··················312 Ⅰ. 실질적 범죄개념 ············································································312 Ⅱ. 형식적 범죄개념 ············································································312 Ⅲ. 결론 ································································································312 제2절 범죄의 성립요건･처벌조건･소추조건 ····································313 Ⅰ. 범죄의 성립요건(2013기출)(2011기출) ·······································313 Ⅱ. 범죄의 처벌조건(2020기출) ·························································320 Ⅲ. 범죄의 소추조건 ············································································321 제3절 공범(2020기출) ······································································322 Ⅰ. 공범의 개념 ···················································································322 Ⅱ. 정범(正犯) ······················································································322 Ⅲ. 협의의 공범 ···················································································322 Ⅳ. 정범과 공범의 구별기준 ·······························································323 제4절 특수한 범죄유형 ····································································324 Ⅰ. 과실범 ·····························································································324 Ⅱ. 결과적 가중범(고의+과실) ····························································325 Ⅲ. 부작위범 ·························································································326 제5절 보호법익과 범죄 ····································································327 Ⅰ. 개인적 법익에 대한 죄 ·································································327 Ⅱ. 사회적 법익에 대한 죄 ·································································327 Ⅲ. 국가적 법익에 관한 죄 ·································································327 제4장 형벌 ····························································································328 Ⅰ. 의의 ································································································328 Ⅱ. 형벌의 종류 ···················································································328 Ⅲ. 형의 적용 ·······················································································329 Ⅳ. 형의 가중과 감경 ··········································································330 제5장 미성년자의 형사상 보호 ····························································332 Ⅰ. 형사 미성년자 (14세 미만) : 형벌의 대상이 되지 않는다. ·····332 Ⅱ. 소년범의 취급(2009기출) ·····························································332 제6장 형법 각론 ···················································································336 제1절 생명과 신체에 대한 죄 ·························································336 Ⅰ. 살인의 죄 ·······················································································336 Ⅱ. 상해와 폭행의 죄(2010기출) ·······················································336 Ⅲ. 과실치사상의 죄(2010기출) ·························································337 Ⅳ. 낙태의 죄 ·······················································································338 Ⅴ. 유기와 학대의 죄 ··········································································338 제2절 자유에 대한 죄 ······································································339 Ⅰ. 협박의 죄 ·······················································································339 Ⅱ. 체포와 감금의 죄 ··········································································339 Ⅲ. 약취와 유인의 죄 ··········································································340 Ⅳ. 강요의 죄 ·······················································································340 Ⅴ. 강간과 추행의 죄 ··········································································340 제3절 명예와 신용에 대한 죄 ·························································342 Ⅰ. 명예에 관한 죄(2010기출) ···························································342 Ⅱ. 신용･업무와 경매에 관한 죄 ························································343 제4절 사생활의 평온에 대한 죄 ······················································344 Ⅰ. 비밀침해의 죄 ················································································344 Ⅱ. 주거침입의 죄 ················································································344 제5절 재산에 대한 죄 ······································································344 Ⅰ. 절도와 강도의 죄 ··········································································344 Ⅱ. 사기와 공갈의 죄 ··········································································346 Ⅲ. 횡령과 배임의 죄 ··········································································347 Ⅳ. 장물에 관한 죄 ··············································································347 Ⅴ. 손괴의 죄 ·······················································································348 Ⅵ. 권리행사를 방해하는 죄 ·······························································348 제6절 공공의 안전과 평온에 대한 죄 ·············································348 Ⅰ. 공안을 해하는 죄 ··········································································348 Ⅱ. 폭발물에 관한 죄 ··········································································349 Ⅲ. 방화와 실화의 죄 ··········································································349 Ⅳ. 일수와 수리에 관한 죄 ·································································350 Ⅴ. 교통방해의 죄 ················································································350 제7절 공공의 신용에 대한 죄 ·························································351 Ⅰ. 통화에 관한 죄 ··············································································351 Ⅱ. 유가증권, 우표와 인지에 관한 죄 ···············································351 Ⅲ. 문서에 관한 죄 ··············································································352 Ⅳ. 인장에 관한 죄 ··············································································352 제8절 공공의 건강에 대한 죄 ·························································353 Ⅰ. 음용수에 관한 죄 ··········································································353 Ⅱ. 아편에 관한 죄 ··············································································353 제9절 사회의 도덕에 대한 죄 ·························································354 Ⅰ. 성풍속에 관한 죄 ··········································································354 Ⅱ. 도박과 복표에 관한 죄 ·································································354 Ⅲ. 신앙에 관한 죄 ··············································································355 제10절 국가의 존립과 권위에 대한 죄 ···········································355 Ⅰ. 내란의 죄 ·······················································································355 Ⅱ. 외환의 죄 ·······················································································355 Ⅲ. 국기에 관한 죄 ··············································································356 Ⅵ. 국교에 관한 죄 ··············································································356 제11절 국가의 기능에 대한 죄 ·······················································357 Ⅰ. 공무원의 직무에 관한 죄 ·····························································357 Ⅱ. 공무방해에 관한 죄 ·······································································358 Ⅲ. 도주와 범인은닉의 죄 ···································································359 Ⅳ. 위증과 증거인멸의 죄 ···································································359 Ⅴ. 무고의 죄 ·······················································································359 기출문제 360 제5편 / 행정법 제1장 행정법 서론 ················································································370 제1절 행정의 분류 - 상대방에 대한 효과에 따른 분류 ···············370 제2절 행정법의 의의 ········································································370 Ⅰ. 행정법의 개념 ················································································370 Ⅱ. 행정법의 분류 ················································································370 제3절 행정법의 기본 원리와 일반원칙 ···········································371 Ⅰ. 행정법의 기본 원리 ·······································································371 Ⅱ. 행정법의 일반원칙 ·········································································372 제4절 행정상 법률관계 ····································································374 Ⅰ. 행정상 법률관계의 의의 ·······························································374 Ⅱ. 행정법관계의 당사자 ·····································································374 Ⅲ. 행정기관 ·························································································375 Ⅳ. 행정법관계의 특질 ·········································································376 제2장 행정작용법 ··················································································378 제1절 행정입법 ·················································································378 Ⅰ. 개설 ································································································378 Ⅱ. 법규명령 ·························································································378 Ⅲ. 행정규칙(행정명령) ········································································379 제2절 행정행위 ·················································································379 Ⅰ. 행정행위의 개념과 특수성 ····························································379 Ⅱ. 행정행위의 종류 ············································································381 Ⅲ. 행정행위의 하자 ············································································383 Ⅳ. 행정행위의 취소와 철회 ·······························································383 제3절 행정지도 ·················································································384 Ⅰ. 의의 ································································································384 Ⅱ. 필요성 ·····························································································384 Ⅲ. 문제점 ·····························································································384 제3장 행정의 실효성 확보 수단 ··························································386 제1절 행정상 강제집행 ····································································386 Ⅰ. 의의 ································································································386 Ⅱ. 다른 작용과 구별 ··········································································386 Ⅲ. 행정상 강제집행의 수단 ·······························································387 제2절 행정상 즉시강제 및 행정조사 ···············································388 Ⅰ. 행정상 즉시강제(2008기출) ·························································388 Ⅱ. 행정조사 ·························································································388 제3절 행정벌 389 Ⅰ. 행정벌의 의의 ················································································389 Ⅱ. 행정벌의 성질 ················································································390 Ⅲ. 행정벌의 종류 ················································································390 제4절 기타 행정의 실효성 확보 수단 ·············································391 Ⅰ. 과징금 ·····························································································391 Ⅱ. 부과금 ·····························································································392 Ⅲ. 가산세, 가산금 ··············································································392 Ⅳ. 그 밖의 수단 ··················································································393 제4장 행정구제법(행정구제제도) ··························································394 제1절 사전적 구제제도 ····································································394 Ⅰ. 청문 ································································································394 Ⅱ. 공청회 ·····························································································394 Ⅲ. 민원처리 ·························································································394 Ⅳ. 옴부즈맨 제도 ················································································394 제2절 사후적 구제제도 ····································································395 Ⅰ. 행정쟁송 ·························································································395 Ⅱ. 행정상 손해전보 ············································································398 기출문제 401 제6편 / 소송법･국제법 제1장 소송법 ·························································································406 Ⅰ. 심급제도와 재판의 원칙 ·······························································406 Ⅱ. 형사소송법(형사절차와 인권보장) ················································407 Ⅲ. 민사소송법(민사적인 분쟁해결 방법들) ·······································423 Ⅳ. 보충자료 ·························································································427 제2장 국제법 ·························································································430 기출문제 433 제7편 / 기타법 제1장 학교생활과 법 ············································································440 Ⅰ. 교육법 ·····························································································440 Ⅱ. 주요법률내용 ··················································································440 제2장 여성과 법 ···················································································442 제3장 소비자의 권리보호 ·····································································444 Ⅰ. 소비자보호기구 ··············································································444 Ⅱ. 소비자 보호에 관련된 법률 ··························································444 제4장 노동법 ·························································································450 제5장 환경과 법 ···················································································460 Ⅰ. 환경 관계법 ···················································································460 Ⅱ. 환경오염 피해와 법적 구제(2012기출)(2010기출) ····················460 제6장 법률 구조 제도와 지적 재산권 보호 ········································461 기출문제 465