머리말

이 책은 경찰채용·경찰간부 시험 등을 준비하는 수험생 여러분들의 효과적인 헌법 선택형 실전대비를

위하여 구성된 책입니다.

2022년부터 경찰 및 경찰간부 후보생 시험개편이 이루어지면서 헌법과목이 그 시험범위로 추가되었고, 이에 따라 수험생 여러분들은 기본권론과 헌법총론의 범위에 해당하는 헌법과목을 학습하셔야 합니다.

최근 국가시험들의 경향을 분석하면, 이론의 출제 비중은 가급적 지양하며 조문과 판례, 특히 판례 위주의 출제경향을 보이고 있습니다.

본 교재는 이와 같은 최근 경향을 반영하여 질 좋고 최신 경향이 반영된 문제들을 엄선하여 수록하

였습니다.

이 책의 특징은 다음과 같습니다.

1. 경찰채용, 경위공채(경찰간부), 경찰승진, 경력채용 등 경찰 직렬 문제뿐만 아니라 국가직 5급, 국가직 7급, 지방직 7급, 서울시 7급, 국회직 5급, 국회직 8급, 국회직 9급, 법원직 5급, 법원직 9급, 변호사시험, 사법시험 등 다양한 기출문제를 분석하여 우리 시험에 필요한 문제들을 엄선 수록

하였습니다.

2. 위 기출문제들을 가장 효과적으로 진도별 배치를 하였습니다. 본 책을 공부하는 것만으로 기본서의

중요부분을 1회독 하는 효과를 낼 수 있습니다.

3. 중요한 판례나 조문들은 반복해서 출제가 될 수밖에 없습니다. 다만 해당 지문들을 모두 넣으면 분량이 너무 많아지기 때문에 학습의 효율성을 위해 해당 지문들을 재편집하여 [종합문제]의 형태로 수록해두었습니다. 본 교재는 약 600문제 정도가 수록되어 있지만 실제로는 1000문제 이상의 분량을 학습하는 효과가 있습니다.

4. 변경되거나 새로이 위헌결정이 나온 헌법재판소 결정례와 개정 부속법률을 빠짐없이 반영하였 습니다. 이에 따라 출제 이후 법령개정, 판례변경 등을 이유로 출제 당시와 정답이 바뀐 부분에 대해서는 별도로 언급을 해두었습니다.

5. 그 어떤 선택형 해설 교재보다 정확한 해설을 담기 위해 노력했습니다. 특히 판례 해설의 경우 여러분의 기억에 오래 남을 수 있도록 ‘결론을 이끌어내는 논거’ 부분을 최대한 수록하려고 하였으니, OX위주나 결론 위주로 지문을 읽으시기보다 해당 지문의 논거를 함께 생각해보시기를 권면합니다.

6. 강약 조절을 하면서 공부를 할 수 있도록 중요 지문들은 별표를 해두었고, 별표는 중요도에 따라 최대 3개까지 넣어두었습니다.

저는 올해로 10년차 변호사이자 10년째 헌법 강의를 하고 있습니다만 여전히 늘 두렵고 떨리는 마음으로 강의를 하고 교재를 써 내고 있습니다.

여러분들이 경찰이 되는 길에 작은 도움이 되고자 하는 마음, 여러분들의 인생에 절대 방해가 되어서는 안된다는 마음으로 최선을 다해 작업을 하였습니다.

한 문제 한 문제 다시 꼼꼼히 풀어보며 해설이 부족한 것이 있는지 확인을 하고 있으나, 혹시 미흡한 부분이나 교재에 의문이 드는 점이 있다면 언제든지 gangseongmin@naver.com 으로 문의주십시오.

본 교재 작업에 많은 도움을 준 강경민 연구원에게 특히 감사의 마음을 전합니다.

이 책이 여러분의 꿈을 이루는 데 도움이 되기를 바랍니다.

세상에 꼭 필요한 경찰이 되기를 진심으로 응원합니다.

2024. 9. 24.

강성민 변호사 드림

제1편　기본권론

제1장 기본권 총론 / 2

제1절　기본권 일반 ········································································2

제2절　기본권의 성격 ·····································································2

제3절　기본권과 제도보장 ································································2

제4절　기본권의 주체 ······································································3

제5절　기본권의 효력 ·····································································16

제6절　기본권의 경합과 충돌 ·························································17

제7절　기본권의 제한 및 한계 ·························································23

■ 법률유보의 원칙 / 23 ■ 명확성의 원칙 / 24

■ 포괄위임금지원칙 / 38 ■ 처분적 법률 / 48

■ 과잉금지원칙 / 50

제8절　기본권의 침해와 구제 ····························································59

제9절　기본권의 보호의무 ·································································64

제2장 인간의 존엄과 가치·행복추구권 / 70

제1절　인간의 존엄과 가치 ·······························································70

제2절　행복추구권 ···········································································77

제3장 평등권 / 94

제4장 자유권적 기본권 / 127

제1절　인신에 관한 자유 ·································································127

┃제1항┃ 생명권 / 127

┃제2항┃ 신체의 자유 / 129

■ 죄형법정주의 / 129 ■ 형벌불소급의 원칙 / 135

■ 형벌에 관한 책임주의 원칙 / 136 ■ 이중처벌금지원칙 (일사부재리 원칙) / 142

■ 연좌제 금지 / 146 ■ 적법절차 원칙 / 147

■ 영장주의 / 154 ■ 체포·구속 이유 고지제도 / 160

■ 체포·구속 적부심사제도 / 160 ■ 변호인의 조력을 받을 권리 / 160

■ 무죄추정의 원칙 / 169 ■ 진술거부권 / 171

■ 신체의 자유 종합문제 / 174

제2절　사생활영역의 자유 ·································································186

┃제1항┃ 사생활의 비밀과 자유 / 186

■ 개인정보자기결정권 / 195

┃제2항┃ 주거의 자유 / 208

┃제3항┃ 거주·이전의 자유 / 210

┃제4항┃ 통신의 자유 / 215

제3절　정신생활영역의 자유 ·······························································227

┃제1항┃ 양심의 자유 / 227

┃제2항┃ 종교의 자유 / 238

┃제3항┃ 언론·출판의 자유 / 246

■ 알 권리 / 265

┃제4항┃ 집회·결사의 자유 / 271

■ 집회의 자유 / 271

■ 결사의 자유 / 285

┃제5항┃ 학문과 예술의 자유 / 288

제4절　경제생활영역의 자유 ···································································292

┃제1항┃ 재산권 / 292

┃제2항┃ 직업의 자유 / 320

┃제3항┃ 소비자의 권리 / 347

제5장 정치적 기본권 / 348

제1절　총설 ··························································································348

제2절　참정권 ·······················································································348

■ 국민투표권 / 348

■ 공무담임권 / 353

제6장 청구권적 기본권 / 369

제1절　청구권적 기본권 일반이론 ····························································369

제2절　청원권 ························································································369

제3절　재판청구권 ··················································································379

제4절　국가배상청구권 ·············································································399

제5절　형사보상청구권 ············································································404

제6절　범죄피해자구조청구권 ··································································410

제7장 사회적 기본권 / 415

제1절　사회적 기본권의 일반이론 ······························································415

제2절　인간다운생활을 할 권리 ·································································415

제3절　교육을 받을 권리 ···········································································430

제4절　근로의 권리 ···················································································447

제5절　근로3권 ·························································································454

제6절　환경권 ···························································································464

제7절　혼인과 가족생활의 보장 ··································································467

제8절　모성의 보호 ··············································································476

제9절　보건권 ·····················································································476

제2편　헌법총론

제1장 헌법과 헌법학 / 494

제1절　헌법일반 ······························································································494

제2절　헌법의 해석 ··························································································497

제3절　헌법의 제정·개정·변천·수호 ·····································································502

■ 헌법의 개정 / 502 ■ 헌법의 수호 / 505

제2장 대한민국 헌법총설 510

제1절　대한민국 헌정사 ····················································································510

제2절　대한민국 국가형태 ·················································································529

제3절　대한민국의 구성요소 ··············································································529

■ 대한민국의 국민 / 529 ■ 대한민국의 영역 / 545

제4절　한국헌법의 기본원리 ·············································································550

┃제1항┃ 헌법전문 / 550

┃제2항┃ 국민주권 원리 / 554

┃제3항┃ 민주주의 원리 / 556

┃제4항┃ 법치국가 원리 / 558

┃제5항┃ 사회국가 원리 / 579

┃제6항┃ 문화국가 원리 / 589

┃제7항┃ 국제평화주의 / 592

┃제8항┃ 대한민국 헌법의 기본원리 종합문제 / 597

제5절 한국헌법의 기본제도········································································601

┃제1항┃ 정당제도 / 601

┃제2항┃ 선거제도 / 619

┃제3항┃ 공무원제도 / 645

┃제4항┃ 지방자치제도 / 652