제 1 편 | 헌법총론

제 1 장 | 헌법
제1절 헌법 ······················································································································································································· 10
Ⅰ. 국가와 헌법 ································································································································································· 10
Ⅱ. 헌법의 분류 ································································································································································· 10
Ⅲ. 헌법의 특성 ································································································································································· 11
Ⅳ. 헌법의 해석 ································································································································································· 11
제2절 헌법의 제정과 개정 그리고 변천 ································································································································· 12
Ⅰ. 헌법의 제정 ································································································································································· 12
Ⅱ. 헌법의 개정 ································································································································································· 12
제 2 장 | 대한민국 헌법
제1절 대한민국 헌법의 제정과 개정 ······································································································································· 14
Ⅰ. 대한민국 헌법의 제정 ·············································································································································· 14
Ⅱ. 대한민국 헌법의 개정 ·············································································································································· 16
제2절 대한민국 헌법의 존립기초 ············································································································································· 25
Ⅰ. 국가와 국가형태 ························································································································································· 25
Ⅱ. 대한민국의 국가형태 ················································································································································ 25
Ⅲ. 국민 ················································································································································································ 26
Ⅳ. 영역 ················································································································································································ 29
제3절 대한민국 헌법의 전문 ······················································································································································ 30
Ⅰ. 헌법전문 ······································································································································································· 30
Ⅱ. 대한민국 헌법의 전문 ·············································································································································· 30
제4절 헌법의 기본원리 ································································································································································ 32
제5절 민주주의원리 ······································································································································································ 33
Ⅰ. 민주주의 ······································································································································································· 33
Ⅱ. 대한민국 헌법과 민주주의 원리 ··························································································································· 33
Ⅲ. 대한민국 헌법에 구체화된 민주주의 원리 ········································································································ 33
제6절 법치주의원리 ······································································································································································ 59
제7절 사회국가원리 ······································································································································································ 66
Ⅰ. 사회국가원리 ······························································································································································ 66
Ⅱ. 대한민국 헌법과 사회국가원리 ····························································································································· 66
제8절 국제평화주의 ······································································································································································ 72
Ⅰ. 국제평화주의에 대한 각국 헌법의 태도 ············································································································· 72
Ⅱ. 대한민국 헌법과 국제평화주의 ····························································································································· 72
제9절 국가목표조항으로서의 문화국가원리 ························································································································· 75

제 2 편 | 기본권론

제 1 장 | 기본권 총론
제1절 기본권보장의 역사적 전개 ············································································································································· 78
제2절 기본권의 의의와 법적 성격 ··········································································································································· 78
제3절 기본권의 주체 ···································································································································································· 78
Ⅰ. 국민 ················································································································································································ 78
Ⅱ. 외국인 ············································································································································································ 79
Ⅲ. 법인 ················································································································································································ 81
Ⅳ. 공법인 ············································································································································································ 82
제4절 기본권의 효력 ···································································································································································· 83
Ⅰ. 기본권의 대국가적 효력 ·········································································································································· 83
Ⅱ. 기본권의 대사인적 효력 ·········································································································································· 83
Ⅲ. 대한민국 헌법에 있어서 기본권의 대사인적 효력 ·························································································· 83
Ⅳ. 기본권의 보호의무 ···················································································································································· 84
Ⅴ. 기본권의 경합과 충돌 ·············································································································································· 86
제5절 기본권의 제한과 그 한계 ················································································································································ 87
Ⅰ. 기본권 보호영역 ························································································································································· 87
Ⅱ. 기본권의 제한 ····························································································································································· 87
Ⅲ. 기본권 제한의 한계 ··················································································································································· 89
제 2 장 | 기본권 각론
제1절 인간의 존엄과 가치 및 행복추구권 ····························································································································· 91
Ⅰ. 인간의 존엄과 가치 ··················································································································································· 91
Ⅱ. 행복추구권 ··································································································································································· 96
제2절 평등권 ················································································································································································ 103
Ⅰ. 평등의 원칙 ······························································································································································ 103
Ⅱ. 평등권 침해 여부에 관한 헌법재판소 결정례 ································································································ 108
제3절 자유권적 기본권 ····························································································································································· 118
제1항 신체에 관한 자유와 권리 ································································································································ 118
Ⅰ. 신체를 훼손당하지 않을 권리 ····························································································································· 118
Ⅱ. 신체의 자유 ······························································································································································ 118
Ⅲ. 신체의 자유의 실체적 보장 ································································································································· 121
Ⅳ. 신체의 자유의 절차적 보장 ································································································································· 135
Ⅴ. 형사피의자·형사피고인의 인신을 보장하는 형사절차상 원리와 권리 ·················································· 142
제2항 사회·경제적 자유 ·············································································································································· 147
Ⅰ. 거주·이전의 자유 ···················································································································································· 147
Ⅱ. 직업선택의 자유 ······················································································································································ 149
Ⅲ. 재산권의 보장 ·························································································································································· 159
제3항 사생활영역의 자유 ············································································································································ 176
Ⅰ. 주거의 자유 ······························································································································································ 176
Ⅱ. 사생활의 비밀과 자유 ··········································································································································· 177
Ⅲ. 통신의 자유 ······························································································································································ 191
제4항 정신생활영역의 자유 ······································································································································· 196
Ⅰ. 양심의 자유 ······························································································································································ 196
Ⅱ. 종교의 자유 ······························································································································································· 202
Ⅲ. 언론·출판의 자유 ···················································································································································· 205
Ⅳ. 집회·결사의 자유 ···················································································································································· 216
Ⅴ. 학문과 예술의 자유 ················································································································································ 224
제4절 생존권적 기본권 ····························································································································································· 228
제1항 생존권의 의의와 법적 특성 ··························································································································· 228
제2항 개별적 생존권 ···················································································································································· 228
Ⅰ. 인간다운 생활을 할 권리 ······································································································································ 228
Ⅱ. 교육을 받을 권리 ···················································································································································· 234
Ⅲ. 근로의 권리 ······························································································································································ 245
Ⅳ. 근로3권 ······································································································································································ 249
Ⅴ. 환경권 ········································································································································································· 254
Ⅵ. 혼인 및 가족제도 ···················································································································································· 258
Ⅶ. 모성, 보건에 관한 권리 ········································································································································ 263
제5절 청구권적 기본권 ····························································································································································· 263
Ⅰ. 청원권 ········································································································································································· 263
Ⅱ. 재판청구권 ································································································································································ 266
Ⅲ. 형사보상청구권 ······················································································································································· 277
Ⅳ. 국가배상청구권 ······················································································································································· 280
Ⅴ. 범죄피해자의 구조청구권 ···································································································································· 283
제6절 참정권적 기본권 ····························································································································································· 285
Ⅰ. 선거권 ········································································································································································· 285
Ⅱ. 공무담임권 ································································································································································ 289
Ⅲ. 국민표결권 ································································································································································ 294
제7절 국민의 기본의무 ····························································································································································· 296
Ⅰ. 국민의 기본의무의 의의 ······································································································································· 296
Ⅱ. 국민의 기본의무의 내용 ······································································································································· 296

제 3 편 | 국가구조론

제 1 장 | 국가구조의 원리와 형태
제1절 국가구조의 기본원리 ···················································································································································· 298
제2절 국가구조의 조직원리 ···················································································································································· 298
Ⅰ. 대의제 ········································································································································································· 298
Ⅱ. 권력분립원리 ··························································································································································· 299
제3절 국가구조의 형태 ····························································································································································· 301
제 2 장 | 국가기관
제1절 입법부 ················································································································································································ 302
제1항 의회 ······································································································································································· 302
제2항 국회의 지위, 구성, 조직, 운영 ······················································································································ 302
Ⅰ. 국회의 헌법상 지위 ················································································································································ 302
Ⅱ. 국회의 구성 ······························································································································································ 302
Ⅲ. 국회의 조직 ······························································································································································ 302
Ⅳ. 국회의 운영 ······························································································································································ 309
제3항 국회의 권한 ························································································································································· 317
Ⅰ. 입법에 관한 권한 ···················································································································································· 317
Ⅱ. 재정에 관한 권한 ···················································································································································· 324
Ⅲ. 헌법기관구성에 관한 권한 ··································································································································· 331
Ⅳ. 국정통제에 관한 권한 ··········································································································································· 331
Ⅴ. 국회내부에 관한 권한(국회의 자율권) ············································································································· 338
제4항 국회의원의 지위와 특권 ································································································································· 340
Ⅰ. 국회의원의 지위 ······················································································································································ 340
Ⅱ. 국회의원의 특권 ······················································································································································ 342
Ⅲ. 국회의원의 권리와 의무 ······································································································································· 345
제2절 대통령 ················································································································································································ 346
제1항 대통령의 지위 ···················································································································································· 346
Ⅰ. 대통령의 헌법상 지위 ··········································································································································· 346
Ⅱ. 현행 헌법에서의 대통령의 헌법상 지위 ·········································································································· 346
Ⅲ. 대통령의 선출 ·························································································································································· 346
Ⅳ. 대통령의 신분상 지위 ··········································································································································· 347
제2항 대통령의 권한 ···················································································································································· 349
Ⅰ. 국가원수로서의 권한 ············································································································································· 349
Ⅱ. 행정부수반으로서의 권한 ···································································································································· 356
제3절 행정부 ················································································································································································ 363
Ⅰ. 국무총리 ···································································································································································· 363
Ⅱ. 국무위원 ···································································································································································· 364
Ⅲ. 국무회의 ···································································································································································· 365
Ⅳ. 대통령의 자문기관 ················································································································································· 365
Ⅴ. 행정각부 ···································································································································································· 365
Ⅵ. 공무원과 직업공무원제도 ···································································································································· 367
Ⅶ. 감사원 ········································································································································································· 371
제4절 선거관리위원회 ······························································································································································ 375
제5절 사법부 ················································································································································································ 377
제1항 사법제도 ······························································································································································ 377
Ⅰ. 국가와 사법 ······························································································································································ 377
Ⅱ. 사법과 사법권 ·························································································································································· 377
Ⅲ. 사법권의 독립 ·························································································································································· 377
제2항 법원의 지위와 권한 ·········································································································································· 381
Ⅰ. 대법원의 헌법상 지위 ··········································································································································· 381
Ⅱ. 법원의 조직과 구성 ················································································································································ 381
Ⅲ. 법원의 권한 ······························································································································································ 384
Ⅳ. 재판의 절차와 운영 ················································································································································ 386
Ⅴ. 국민의 사법참여 ······················································································································································ 387
제6절 헌법재판소 ······································································································································································· 388
제1항 헌법재판제도 ······················································································································································ 388
Ⅰ. 헌법재판 ···································································································································································· 388
Ⅱ. 역대 헌법상의 헌법재판 ······································································································································· 388
제2항 헌법재판소의 지위와 조직 ····························································································································· 389
Ⅰ. 헌법재판소의 헌법적 지위 ··································································································································· 389
Ⅱ. 헌법재판소의 조직 ················································································································································· 389
제3항 헌법재판소의 심판절차 ··································································································································· 391
Ⅰ. 일반심판절차 ··························································································································································· 391
Ⅱ. 특별심판절차 ··························································································································································· 404
제4항 헌법재판소의 권한 ············································································································································ 405
Ⅰ. 위헌법률심판권 ······················································································································································· 405
Ⅱ. 탄핵심판권 ································································································································································ 420
Ⅲ. 정당해산심판권 ······················································································································································· 424
Ⅳ. 권한쟁의심판권 ······················································································································································· 425
Ⅴ. 헌법소원심판 ··························································································································································· 438