2018 태성 5급공채 헌법 OX 지문정리

제1편 헌법총론
제1장 헌법의 의의와 기능 ································ 8
제1절 헌법의 의의와 헌법의 분류 ····················· 8
제2절 헌법관의 기본 내용 ································· 9
제3절 헌법의 특성 ············································· 9
제4절 헌법의 해석 ··········································· 10
제5절 헌법의 제정과 개정 ······························· 12
제6절 헌법의 수호, 방어적 민주주의 ·············· 13

제2장 대한민국헌법총설 ·································· 15
제1절 한국헌법의 개정 ···································· 15
제2절 헌법의 적용범위 ···································· 18
제3절 대한민국의 국가형태 ····························· 24
제4절 한국헌법의 기본원리 ····························· 24
제1항 한국헌법의 前文···································· 24
제2항 국민주권의 원리 ··································· 25
제3항 민주주의의 원리 ··································· 25
제4항 법치국가의 원리 ··································· 26
제5항 사회국가의 원리 ··································· 30
제6항 문화국가의 원리 ···································· 33
제7항 국제평화주의 ·········································· 34

제2편 기본권
제1장 기본권총론 ············································ 38
제1절 기본권보장의 역사 ································ 38
제2절 기본권의 성격 ······································· 38
제3절 기본권의 주체 ······································· 39
제4절 기본권의 포기 ······································· 42
제5절 기본권의 효력 ····································· 43
제6절 기본권의 보호의무 ································ 43
제7절 기본권의 경합과 충돌 ··························· 44
제8절 기본권의 제한과 그 한계 ···················· 46
제9절 기본권의 침해와 구제-국가인권위원회 ···48

제2장 인간의 존엄과 가치
행복추구권, 평등권 ······························ 50
제1절 인간의 존엄과 가치·행복추구권 ·········· 50
제2절 평등권 ··················································· 55

제3장 자유권적 기본권 ··································· 62
제1절 인신에 관한 자유 ·································· 62
제1항 생명권 ·················································· 62
제2항 신체를 훼손당하지 않을 권리 ················ 63
제3항 신체의 자유 ··········································· 63

제2절 사생활영역의 자유 ································ 82
제1항 사생활의 비밀과 자유 ·························· 82
제2항 주거의 자유 ··········································· 86
제3항 거주·이전의 자유 ······························· 87
제4항 통신의 자유 ··········································· 87

제3절 정신생활영역의 자유 ····························· 88
제1항 양심의 자유 ········································· 88
제2항 종교의 자유 ········································· 90
제3항 언론·출판의 자유 ································· 92
제4항 집회·결사의 자유 ································· 99
제5항 학문과 예술의 자유 ····························· 104

제4절 경제생활영역의 자유 ··························· 106
제1항 재산권 ·················································· 106
제2항 직업의 자유 ········································· 114

제4장 정치적 기본권 ···································· 119
제1절 정치적 자유권 ····································· 119
제2절 참정권 ················································· 119

제5장 청구권적 기본권 ································· 124
제1절 청구권적 기본권총론 ··························· 124
제2절 청원권 ················································· 124
제3절 재판청구권 ·········································· 125
제4절 국가배상청구권 ···································· 132
제5절 형사보상청구권 ···································· 133
제6절 범죄피해자구조청구권 ························· 135

제6장 사회적 기본권 ···································· 136
제1절 사회적 기본권의 개관 ························· 136
제2절 인간다운 생활을 할 권리 ···················· 136
제3절 교육을 받을 권리 ································ 139
제4절 근로의 권리 ········································· 144
제5절 근로3권 ··············································· 146
제6절 환경권 ················································· 150
제7절 혼인과 가족생활의 보장 ······················ 151

제7장 국민의 기본적 의무 ···························· 153

제3편 통치구조
제1장 통치구조의 구성원리 ·························· 156
제1절 대의제의 원리 ····································· 156
제2절 권력분립의 원리 ·································· 157
제3절 정부형태 ·············································· 159
제4절 정당제도 ·············································· 160
제5절 선거제도 ·············································· 167
제6절 공무원제도 ·········································· 179
제7절 지방자치제도 ······································· 180

제2장 국회 ···················································· 190
제1절 의회주의 ·············································· 190
제2절 국회의 구성과 조직 ···························· 190
제3절 국회의 운영과 의사절차 ······················ 195
제4절 국회의 권한 ········································· 201
제5절 국회의원의 헌법상 지위와 특권 ·········· 224

제2장 국회 ···················································· 190
제1절 의회주의 ·············································· 190
제2절 국회의 구성과 조직 ···························· 190
제3절 국회의 운영과 의사절차 ······················ 195
제4절 국회의 권한 ········································· 201
제5절 국회의원의 헌법상 지위와 특권 ·········· 224

제3장 대통령과 정부 ···································· 229
제1절 대통령 ················································· 229
제1항 대통령의 헌법상 지위와 신분관계 ····· 229
제2항 대통령의 권한과 그에 대한 통제 ······ 232

제2절 행정부 ················································· 241
제1항 국무총리 ············································· 241
제2항 국무위원·행정각부의
장·국무회의·자문기관 ······················ 245
제3항 감사원 ·················································· 249
제3절 선거관리위원회 ···································· 252


제4장 법원 ···················································· 256
제1절 사법권의 독립 ····································· 256
제2절 법원의 조직 ········································· 260
제3절 사법절차와 운영 ·································· 262
제4절 법원의 권한 ········································· 263

제5장 헌법재판소 ·········································· 265
제1절 헌법재판제도 ······································· 265
제2절 헌법재판소의 헌법상 지위 ·················· 265
제3절 헌법재판소의 구성과 조직 ·················· 265
제4절 헌법재판소의 일반심판절차 ··············· 267
제5절 위헌법률심판 ······································· 272
제6절 헌법소원심판 ······································· 284
제7절 권한쟁의심판 ······································· 314

부록 2016 헌법재판소 중요판례 ······· 324