제1편 헌법 총론
Chapter 1. 헌법의 특성 ······································································································································ 2
2. 합헌적 법률해석 ································································································································ 2
3. 관습헌법 ··········································································································································· 5
4. 헌법개정의 한계 ································································································································ 9
5. 저항권 ··············································································································································· 11
6. 역대 헌법의 제정·개정 과정과 주요 특징 ··················································································· 12
7. 역대 헌법의 기본권 비교 ················································································································ 16
8. 국 적 ················································································································································ 19
9. 국적법 기타 중요 조문 ···················································································································· 21
10. 대한민국의 영역 ······························································································································· 21
11. 헌법전문 ··········································································································································· 22
12. 헌법의 기본원리 ······························································································································ 25
13. 국민주권의 원리 ······························································································································ 25
14. 헌법상 소수자 보호제도 ·················································································································· 26
15. 법률유보의 원칙 ······························································································································ 26
16. 체계정당성 ······································································································································· 28
17. 신뢰보호원칙 ···································································································································· 28
18. 신뢰보호원칙 위반을 인정한 사례 ································································································· 29
19. 신뢰보호원칙 위반을 부정한 사례 ································································································· 32
20. 사회국가의 원리 ······························································································································ 35
21. 헌법상 경제질서 위반을 인정한 사례 ···························································································· 36
22. 헌법상 경제질서에 위반되지 않는다고 본 사례 ············································································ 37
23. 문화국가의 원리 ······························································································································ 38
24. 국제평화주의 ··································································································································· 40
25. 평화통일의 원칙 ······························································································································ 43
26. 제도적 보장 ····································································································································· 44
27. 정당의 개념과 정당의 자유 ············································································································ 44
28. 위헌정당해산 및 등록취소 ············································································································· 48
29. 정당법 등 중요 조문 ······················································································································· 51
30. 정치자금 ·········································································································································· 53
31. 정치자금법 중요 조문 ····················································································································· 56
32. 선거제도 ·········································································································································· 56
33. 공직선거법 중요 조문 ····················································································································· 69
34. 지방자치제도 ··································································································································· 72
35. 지방자치법 등 중요 조문 ··········································································································· 80
제2편 기본권
Chapter 1. 기본권 주체 ···································································································································· 86
2. 기본권의 효력 ······························································································································ 89
3. 기본권 보호의무 ······························································································································ 89
4. 국가인권위원회법 중요 조문 ·········································································································· 94
5. 인간의 존엄과 가치 ························································································································· 95
6. 행복추구권 ······································································································································· 97
7. 행복추구권을 침해하였다고 인정한 판례 ······················································································ 98
8. 자기결정권 ····································································································································· 103
9. 자기책임의 원리 ···························································································································· 105
10. 평등권 ············································································································································ 106
11. 적극적 평등실현조치의 성격 ········································································································· 107
12. 평등권침해를 인정한 판례 ············································································································108
13. 평등권침해를 부정한 판례 ············································································································· 116
14. 생명권 ············································································································································· 117
15. 신체의 자유 ···································································································································· 118
16. 죄형법정주의 ·································································································································· 119
17. 명확성원칙 위배 여부 판단기준 ···································································································· 122
18. 명확성원칙과 포괄위임금지원칙의 관계 ····················································································· 124
19. 명확성원칙 위배 여부 ···················································································································· 125
20. 이중처벌금지원칙(일사부재리원칙) ······························································································ 127
21. 연좌제 금지 ···································································································································· 131
22. 적법절차의 원칙 ····························································································································· 131
23. 영장주의 ········································································································································· 133
24. 체포·구속적부심사 청구의 주체 ································································································· 137
25. 무죄추정의 원칙 ···························································································································· 137
26. 진술거부권 ····································································································································· 140
27. 변호인의 조력을 받을 권리 ·········································································································· 140
28. 변호인이 피구속자를 조력할 권리 ······························································································· 146
29. 사생활의 비밀과 자유의 보호영역 밖 ·························································································· 148
30. 사생활의 비밀과 자유를 침해하였다고 본 사례 ········································································· 148
31. 대법원 판례 ···································································································································· 149
32. 개인정보자기결정권 ······················································································································· 150
33. 개인정보 보호법 중요 조문 ··········································································································· 151
34. 개인정보보자기결정권을 침해하였다고 인정한 판례 ·································································· 152
35. 주거의 자유 ··································································································································· 158
36. 거주·이전의 자유 ························································································································ 160
37. 통신의 자유 ······································································································································ 161
38. 통신비밀보호법 중요 조문 ·············································································································· 162
39. 양심의 자유 ····································································································································· 163
40. 종교의 자유 ····································································································································· 167
41. 학문의 자유 ····································································································································· 169
42. 대학의 자치(대학의 자율성) ············································································································ 171
43. 언론·출판의 자유 ·························································································································· 175
44. 알권리 ·············································································································································· 176
45. 공공기관의 정보공개에 관한 법률 중요 조문 ··············································································· 174
46. Access권 ········································································································································ 180
47. 검열 금지 ········································································································································· 181
48. 표현의 자유를 침해하였다고 인정한 판례 ···················································································· 183
49. 언론·출판의 자유의 한계 ············································································································· 186
50. 집회의 자유 ····································································································································· 187
51. 집회의 자유를 침해하였다고 인정한 판례 ····················································································· 189
52. 집회 및 시위에 관한 법률 중요 조문 ···························································································· 194
53. 결사의 자유 ····································································································································· 195
54. 결사의 자유 침해를 인정한 판례 ··································································································· 195
55. 재산권 ·············································································································································· 196
56. 재산권 제한 ····································································································································· 198
57. 재산권 침해를 인정한 판례 ··········································································································· 200
58. 특별부담금 ······································································································································· 210
59. 재산권의 공용수용 ·························································································································· 212
60. 직업의 자유 ····································································································································· 213
61. 직업의 자유를 침해하였다고 인정한 판례 ····················································································· 215
62. 소비자보호운동 ································································································································ 219
63. 국민투표권 ······································································································································ 220
64. 국민투표법 중요 조문 ····················································································································· 221
65. 공무담임권 ······································································································································· 222
66. 공무담임권 침해를 인정한 판례 ···································································································· 223
67. 직업공무원제도 ······························································································································· 225
68. 청원권 ·············································································································································· 226
69. 청원법, 국회법, 지방자치법 중요 조문 ························································································· 226
70. 재판청구권 ······································································································································· 227
71. 재판청구권을 침해하였다고 인정한 판례 ······················································································ 229
72. 국민의 형사재판 참여에 관한 법률 중요 조문 ············································································· 233
73. 형사보상청구권 ······························································································································· 235
74. 형사보상 및 명예회복에 관한 법률 중요 조문 ············································································· 230
75. 국가배상청구권 ······························································································································· 236
76. 이중배상 금지 ································································································································· 240
77. 국가배상법 중요 조문 ····················································································································· 241
78. 범죄피해자 보호법 중요 조문 ········································································································ 242
79. 인간다운 생활을 할 권리 ··············································································································· 243
80. 교육을 받을 권리 ··························································································································· 244
81. 의무교육 ·········································································································································· 245
82. 학부모의 자녀교육권 ······················································································································ 246
83. 교원지위 법정주의 ·························································································································· 247
84. 근로의 권리 ····································································································································· 249
85. 근로3권 ········································································································································· 250
86. 노동조합 및 노동관계조정법 중요 조문 ······················································································· 253
87. 환경권 ·············································································································································· 253
88. 혼인과 가족생활 ····························································································································· 254
89. 국방의 의무 ····································································································································· 256
제3편 통치구조
Chapter 1. 대의제와 직접민주제 ····················································································································· 258
2. 공직선거법 중요 조문 ··················································································································· 260
3. 권력분립의 원리 ··························································································································· 260
4. 국회의 조직 ···································································································································· 261
5. 국회의 의사절차 ·························································································································· 264
6. 국회의원의 심의·표결권 ·············································································································· 267
7. 조세의 기본원칙 ···························································································································· 269
8. 조세법률주의에 위배된 사례 ········································································································ 270
9. 인사청문 대상자 ····························································································································· 271
10. 탄핵소추대상자 ······························································································································ 272
11. 탄핵소추 사유 및 절차 ·················································································································· 272
12. 국정감사와 국정조사 ····················································································································· 275
13. 국무총리·국무위원 해임건의권 ··································································································· 276
14. 불체포특권 ····································································································································· 278
15. 면책특권 ········································································································································· 278
16. 국회법 중요 조문 ·························································································································· 280
17. 헌법재판소법 중요 조문 ················································································································ 285
18. 국정감사 및 조사에 관한 법률 중용 조문 ················································································· 285
19. 국가재정법 중요 조문 ··················································································································· 286
20. 인사청문회법 중요 조문 ············································································································· 286
21. 대통령 권한대행 ···························································································································· 287
22. 대통령의 특권 ································································································································ 287
23. 대통령직 인수에 관한 법률 중요 조문 ························································································ 289
24. 국가긴급권 ····································································································································· 289
25. 비상계엄 시 특별한 조치나 기본권 제한 ···················································································· 290
26. 계엄법 중요 조문 ························································································································· 291
27. 법규명령 ········································································································································· 291
28. 행정입법 의무 ······························································································································· 293
29. 국회법 중요 조문 ·························································································································· 294
30. 포괄위임금지원칙 ·························································································································· 294
31. 사 면 ·············································································································································· 298
32. 사면법 중요 조문 ·························································································································· 299
33. 국무총리 ········································································································································ 300
34. 국무총리의 권한대행 ····················································································································· 301
35. 정부조직법 중요 조문 ·················································································································· 302
36. 국무회의 규정 중요 조문 ············································································································· 303
37. 감사원 ············································································································································ 303
38. 감사원법 중요 조문 ······················································································································ 304
39. 선거관리위원회법 중요 조문 ······································································································· 304
40. 재판의 독립 ·································································································································· 305
41. 법관의 양형결정권, 책임과 형벌의 비례원칙 ·············································································· 305
42. 사법권의 한계 ······························································································································· 309
43. 명령·규칙 심사권 ························································································································ 310
44. 법원조직법 중요 조문 ···················································································································· 311
45. 가처분 ············································································································································ 313
46. 헌법재판소법 제68조 제1항 헌법소원심판에서 가처분신청을 인용한 사례 ···························· 313
47. 재심 허용 여부 ······························································································································ 315
48. 재심사유 ········································································································································· 316
49. 위헌법률심판의 대상 ····················································································································· 317
50. 재판의 전제성 ······························································································································· 319
51. 위헌법률심판의 심사기준 및 심판대상의 확대 ··········································································· 322
52. 위헌결정의 기속력 ························································································································ 323
53. 한정위헌결정의 기속력 ················································································································· 324
54. 형벌조항에 대한 위헌결정의 소급효 ··························································································· 324
55. 비형벌조항에 대한 예외적 소급효 ······························································································· 325
56. 위헌심사형 헌법소원 ···················································································································· 326
57. 권리구제형 헌법소원 청구인 능력(기본권의 주체) ····································································· 328
58. 공권력의 행사 또는 공권력의 불행사 ··························································································· 328
59. 입법작용 ·········································································································································· 329
60. 입법부작위 ······································································································································ 330
61. 행정작용 ··········································································································································· 331
62. 검사의 처분에 대한 헌법소원 ········································································································ 334
63. 사법작용 ·········································································································································· 336
64. 기본권침해 가능성 ·························································································································· 338
65. 기본권침해의 자기관련성 ··············································································································· 340
66. 기본권침해의 직접성 ······················································································································· 341
67. 기본권침해의 현재성 ······················································································································ 343
68. 보충성 ············································································································································· 343
69. 권리보호이익 ··································································································································· 345
70. 헌법소원 청구기간 ·························································································································· 347
71. 변호사강제주의 ································································································································ 348
72. 심판절차종료 ··································································································································· 349
73. 권한쟁의심판 ··································································································································· 350
74. 권한쟁의심판 당사자능력 ··············································································································· 350
75. 권한쟁의심판 당사자적격 ··············································································································· 352
76. 피청구인의 처분 또는 부작위 ········································································································ 357
77. 권한의 침해 또는 현저한 침해위험의 가능성 ··············································································· 354
78. 권리보호이익 ··································································································································· 357
79. 권한쟁의 청구기간 ·························································································································· 357
80. 권한쟁의심판의 결정 ······················································································································ 358
81. 헌법재판소법 중요 조문 ················································································································· 366
대한민국 헌법 ·············································································································· 373