2018 공인노무사 사례민사소송법
저자 : 김광수
출판사 : 경연
출판일 : 2018-04-06
페이지 : 178
판형 : 초판
구매수량 :
정가 12,000원 -> 100원 적립
10,800
스프링분철 :
총 금액 :
    상품소개
    독자서평
    주문/환불/배송/교환정책
    [ 머 리 말 ]

      
    10년 동안의 강의를 하면서 처음으로 사례집을 출간하게 되었습니다. 초창기에는 시험의 특성상 사례집까지 집필할 필요성이 없었기 때문에 출간하지 않았고, 중간에는 사례의 필요성은 생겼지만 본격적으로 사례집을 출간하는 것보다는 기존 교재에 덧붙이는 정도로 족하다고 생각을 하여 사례집이라는 이름으로 출간을 하지는 않았습니다. 

    그런데 시험 추세도 변하여 사례가 출제되기도 하는데 여전히 수험생들의 사례 풀이에 대한 능력은 부족한 상황인바, 수험생들의 요구도 있어 2018년 기본교재에서 과감히 사례부분을 빼고, 대신 본 사례집을 출간하게 되었습니다. 물론 강의 모의고사에서는 수년 전부터 본격적인 사례에 대비하여 문제도 출제하기까지 하였지만 이제는 수강생이 아닌 분들에게도 사례에 대한 두려움을 조금이나마 해소하게 하는데 일조하고 싶었던 마음도 한 몫 하였습니다.

    본 사례집은 다음과 같은 특징이 있습니다.


    첫째, 본 사례집은 오로지 2018년 공인노무사 시험을 위하여 출간되었다. 고심 끝에 내린 결정인데, 어차피 시험과 무관한(그렇지만 민사소송법상 중요논점) 부분 모두까지 사례집에 싣는 것은 확실성에 있어서는 타당하겠지만 수험생들에게는 불필요한 공부를 강요하는 것 이 될 것이라는 생각 아래 과감하게 2018년도 예상문제 위주로 사례집을 집필하였습니다. 부족한 것은 기본교재나 강의 중 모의고사를 통해 보충할 수 있을 것으로 생각됩니다다. 수험생들에게 당부드리는바, 시험장에 들어가기 전에 본 교재에 나와 있는 사례들은 그 논점과 해결방법 등을 필수적으로 익혀야 할 것으로 보입니다. 특히 본 교재의 사례풀이 방식은 모든 법률과목에 있어서의 사례풀이 방식의 기본을 보여주는 것이라 자신합니다.

    둘째, 본 사례집의 가장 큰 특징 중 하나는 노동사건을 민사소송에 접목시킨 점이라 할 것입니다. 시중 사례집은 대부분 민법과 관련된 사례 위주로 집필되어 있는데, 공인노무사 시험은 실체법 중 민법보다는 노동관련법을 기초로 출제되고 있는바(민사소송법이기 때문에 실체법에 근거한 문제를 출제하는 것은 아니어서 사실상 무관하기는 합니다), 노동사건을 접목시킨 문제들이 어떤 부분에서 문제되는 것인지를 파악할 수 있게 하였습니다. 

    셋째, 한편 본 사례집은 최신 판례와 개정법령을 충실히 반영하였습니다. 2017. 12. 31. 기준으로 판례 등이 반영되었습니다.

    본 서가 공인무사 자격시험을 준비하는 모든 이들에게 도움이 되었으면 하는 바람으로 작은 정성을 담았습니다.  





    [ 목 차 ]


    01 국제재판관할 ································································································1
    02 법관에 대한 기피 ························································································5
    03 관할 및 이송 ·······························································································9
    04 제소 전 사망 ·····························································································20
    05 당사자능력, 당사자적격, 소송능력··························································28
    06 소송상 대리 ·······························································································38
    07 형식적 형성의 소 ······················································································44
    08 소의 이익 ···································································································47
    09 소장심사 ·····································································································55
    10 소제기의 효과 ···························································································58
    11 처분권주의 ·································································································62
    12 변론주의 ·····································································································68
    13 부인과 항변 ·······························································································80
    14 소송상 합의 ·······························································································83
    15 재판상 자백 ·······························································································87
    16 문서의 증거력 ···························································································93
    17 문서제출명령 ·····························································································99
    18 재소금지 ··································································································102
    19 청구의 포기・인낙···················································································105
    20 재판상 화해 ·····························································································108
    21 판결의 확정시기 ·····················································································112
    22 기판력의 객관적 범위 ············································································116
    23 기판력의 시적 범위 ················································································124
    24 판결의 편취 ·····························································································133
    25 청구의 병합 ·····························································································137
    26 청구의 변경 ·····························································································144
    27 반 소 ········································································································147
    28 공동소송 ··································································································151
    29 제3자의 소송참가···················································································159
    30 상소이익 ··································································································171
    31 불이익변경금지원칙 ················································································175
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