제1편 기본권

제1장 기본권 총론

제1절 기본권 일반 ·········································································2
Ⅰ. 기본권의 의미 / 2

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

제3절 제도보장 ·············································································3

제4절 기본권의 주체 ······································································3
Ⅰ. 의 의 / 3 Ⅱ. 구체적 검토 / 3

제5절 기본권의 효력 ······································································6
Ⅰ. 기본권의 대국가적 효력 / 6
Ⅱ. 기본권의 대사인적 효력 / 6

제6절 기본권의 경합과 충돌 ····························································7
Ⅰ. 기본권의 경합 / 7
Ⅱ. 기본권의 충돌 / 8

제7절 기본권의 제한 및 한계 ···························································9

제8절 기본권의 침해와 구제 ···························································23
Ⅰ. 입법부작위 / 23
Ⅱ. 국가인권위원회 / 25

제9절 기본권의 보호의무 ································································26
Ⅰ. 의　의 / 26
Ⅱ. 헌법적 근거 / 27
Ⅲ. 보호의무 이행의 심사기준 - 과소보호금지원칙 / 27

제2장 인간의 존엄과 가치·행복추구권

제1절 인간의 존엄과 가치 ······························································29
Ⅰ. 인간의 존엄과 가치 / 29
Ⅱ. 일반적 인격권 / 29

제2절 행복추구권 ···········································································33
Ⅰ. 의의 및 성격, 내용 / 33
Ⅱ. 구체적 내용 / 33

제3장 평등권

Ⅰ. 의　의 / 39
Ⅱ. 내　용 / 39
Ⅲ. 적극적 평등실현조치(잠정적 우대조치, Affirmative action) / 43

제4장 자유권적 기본권

제1절 인신에 관한 자유 ·······························································48
│제1항│ 생명권 / 48
Ⅰ. 의의 및 내용 / 48
│제2항│ 신체의 자유 / 49
Ⅰ. 의 의 / 49
Ⅱ. 신체의 자유의 실체적 보장 / 50
Ⅲ. 신체의 자유의 절차적 보장 / 57

제2절 사생활영역의 자유 ······························································68
│제1항│ 사생활의 비밀과 자유 / 68
│제2항│ 주거의 자유 / 73
│제3항│ 거주·이전의 자유 / 74
Ⅰ. 의 의 / 74
│제4항│ 통신의 자유 / 76

제3절 정신생활영역의 자유 ···························································79
│제1항│ 양심의 자유 / 79
Ⅰ. 의의 / 79
Ⅱ. 내용 / 79
│제2항│ 종교의 자유 / 82
Ⅰ. 의 의 / 82
Ⅱ. 내용 / 82
Ⅲ. 국교부인과 정교분리의 원칙 / 83
│제3항│ 언론·출판의 자유 / 85
Ⅰ. 의 의 / 85
Ⅱ. 보호영역 / 85
Ⅲ. 제 한 / 86
Ⅳ. 사전검열금지 (허가제 금지) / 89
Ⅴ. 알 권리 / 90 Ⅵ. 액세스권(right of access) / 91
│제4항│ 집회·결사의 자유 / 92
Ⅰ. 집회의 자유 / 92
Ⅱ. 결사의 자유 / 97
│제5항│ 학문과 예술의 자유 / 98
Ⅰ. 학문의 자유 / 98
Ⅱ. 예술의 자유 / 99
Ⅲ. 지적 재산권의 보호 / 99

제4절 경제생활영역의 자유 ························································100
│제1항│ 재산권 / 100
Ⅰ. 의의 및 재산권의 보호범위 / 100
Ⅱ. 재산권의 사회적 제약과 공용침해 / 103
Ⅲ. 판례 / 104 Ⅳ. 특별부담금 / 108
│제2항│ 직업의 자유 / 111
Ⅰ. 의 의 / 111 Ⅱ. 내 용 / 112
Ⅲ. 제한 및 한계 / 112
│제3항│ 소비자의 권리 / 118

제5장 정치적 기본권

제1절 참정권 ·········································································119

제2절 직접참정권 ····································································120

제3절 간접참정권 ····································································121

제6장 청구권적 기본권

제1절 청구권적 기본권 일반이론 ··········································125

제2절 청원권 ·····································································125
Ⅰ. 의의 및 내용 / 125
Ⅱ. 관련 규정 / 126

제3절 재판청구권 ································································128
Ⅰ. 의　의 / 128
Ⅱ. 법적 성격 / 128
Ⅲ. 내　용 / 128
Ⅳ. 재판청구권의 제한 / 131
Ⅴ. 형사피해자의 재판절차진술권 / 134

제4절 국가배상청구권 ··························································136
Ⅰ. 의 의 / 136
Ⅱ. 공무원의 직무상 불법행위로 인한 국가배상청구권의 요건 / 137
Ⅲ. 국가배상청구의 절차 / 138
Ⅳ. 이중배상금지 (헌법 제29조 제2항) / 138

제5절 형사보상청구권 ······················································140
Ⅰ. 의의 및 내용 / 140
Ⅱ. 규정 / 140

제6절 범죄피해자구조청구권 ················································142

제7장 사회적 기본권

제1절 사회적 기본권의 일반론 ··············································145

제2절 인간다운 생활을 할 권리 ·············································145
Ⅰ. 의 의 / 146
Ⅱ. 사회보장수급권(사회보장권)의 내용 / 146

제3절 교육을 받을 권리 ························································148
Ⅰ. 의 의 / 148
Ⅱ. 교육을 받을 권리의 내용 / 149
Ⅲ. 대학의 자치(대학의 자율성, 대학의 자유) / 153

제4절 근로의 권리 ·····························································154
Ⅰ. 의　의 / 155
Ⅱ. 성　격 / 155
Ⅲ. 주　체 / 155
Ⅳ. 내　용 / 155

제5절 근로3권 ···································································157
Ⅰ. 의의, 성격 / 157
Ⅱ. 주　체 / 158
Ⅲ. 근로3권의 내용 / 158
Ⅳ. 근로3권의 제한 및 한계 / 160

제6절 환경권 ····································································162

제7절 혼인과 가족생활의 보장 ···········································164
Ⅰ. 의 의 / 164
Ⅱ. 자녀에 대한 양육권 (부모의 자녀교육권) / 164

제8절 모성의 보호 ····························································167

제9절 보건권 ····································································168

제8장 국민의 기본적 의무

제2편 헌법총론

제1장 헌법과 헌법학

제1절 헌법일반 ·································································172

제2절 헌법의 해석 ····························································173
Ⅰ. 헌법의 해석 / 173
Ⅱ. 합헌적 법률해석 / 174

제3절 헌법의 제정 ·······················································175

제4절 헌법의 개정 ·······················································175
Ⅰ. 의　의 / 175
Ⅱ. 한　계 / 175
Ⅲ. 한국헌법의 개정절차 / 176

제5절 헌법의 변천 ·······················································177

제6절 헌법의 수호 ·······················································177
Ⅰ. 의의 / 177
Ⅱ. 저항권 / 177
Ⅲ. 방어적 민주주의 / 178
Ⅳ. 국가긴급권 / 178

제2장 대한민국 헌법총설

제1절 대한민국 헌정사 ··················································182

제2절 대한민국의 국가형태 ············································189

제3절 대한민국의 구성요소 ············································189
Ⅰ. 주 권 / 189
Ⅱ. 국 민 / 189
Ⅲ. 영 역 / 194

제4절 한국헌법의 기본원리 ·············································196
│제1항│ 헌법전문 / 196
│제2항│ 국민주권 원리 / 197
│제3항│ 민주주의 원리 / 198
│제4항│ 법치국가 원리 / 198
Ⅰ. 법치국가 원리의 의의 / 198
Ⅱ. 체계정당성의 원리 / 198
Ⅲ. 소급입법금지와 신뢰보호원칙 / 199
│제5항│ 사회국가원리 / 203
Ⅰ. 사회국가의 의의 / 203
Ⅱ. 사회국가원리의 한계 / 203
Ⅲ. 헌법상 경제질서 / 204
│제6항│ 문화국가원리 / 206
│제7항│ 국제평화주의 / 207
Ⅰ. 침략전쟁의 부인 / 207
Ⅱ. 평화통일의 지향 / 207
Ⅲ. 외국인의 법적지위 보장 / 208
Ⅳ. 국제법존중주의 / 208

제5절 한국헌법의 기본제도 ·············································211
│제1항│ 정당제도 / 211
Ⅰ. 정당의 성질 / 211
Ⅱ. 정당의 자유 / 211
Ⅲ. 정당 관련 주요 규정 및 판례 / 212
Ⅳ. 위헌정당의 해산(강제해산) / 214
Ⅴ. 정당과 정치자금 / 217
│제2항│ 선거제도 / 219
Ⅰ. 선거권 / 219
Ⅱ. 피선거권 / 221
Ⅲ. 선거제도의 기본원칙 / 221
Ⅳ. 현행 선거제도 / 224
│제3항│ 공무원제도 / 232
Ⅰ. 국민 전체에 대한 봉사자로서의 공무원 / 232
Ⅱ. 직업공무원제도 / 232
│제4항│ 지방자치제도 / 234
Ⅰ. 지방자치제도 개설 / 235
Ⅱ. 현행 헌법상 지방자치제도 / 237