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· 분류 : 국내도서 > 수험서/자격증 > 인문/사회/법(고등고시) > 변호사시험 > 헌법
· ISBN : 9788965381402
· 쪽수 : 155쪽
· 출판일 : 2012-01-06
목차
2011년 하반기 헌재중요판례
제1편 2011년 하반기 중요판례
. 기본권의 주체
1. 외국인근로자의 사업장 변경의 횟수 제한 사건 ····························································2
(헌재 2011. 9. 29. 2007헌마1083, 2009헌마230.352(병합))[기각]
. 기본권의 침해와 구제
2. 농협의 임원선거에서 기부행위으로 인한 과태료 사건 ···················································9
(헌재 2011. 6. 30. 2010헌가86) [헌법불합치]
. 인간의 존엄과 가치 ㆍ 행복추구권
3. 서울광장 통행저지행위 사건
(헌재 2011. 6. 30. 2009헌마406) [위헌확인] ······························································13
4. 택시운전업무 근로자의 최저임금 사건 ········································································19
(헌재 2011. 8. 30. 2008헌마477) [기각]
. 평등권
5. 고엽제후유의증 환자유족지원 범위 사건 ·····································································23
(헌재 2011. 6. 30. 2008헌마715, 2009헌마39·87(병합))[위헌]
6. 영내기거 군인의 거주지 등록 사건 ·············································································28
(헌재 2011. 6. 30. 2009헌마59) [기각]
. 신체의 자유
7. 군형법상「기타 추행」부분 사건 ··············································································31
(헌재 2011. 3. 31. 2008헌가21) [합헌]
8. 군형법상 명령위반에 대한 처벌규정 사건 ···································································36
(헌재 2011. 3. 31. 2009헌가12) [합헌]
. 사생활의 비밀과 자유
9. 수용자 부재 상태에서 실시한 교도소 거실ㆍ작업장 검사 사건 ····································40
(헌재 2011. 10. 25. 2009헌마691) [각하, 기각]
. 양심의 자유
10. 양심적 병역거부 사건(2차 결정) ···············································································44
(헌재 2011. 8. 30. 2008헌가22, 2009헌가7ㆍ24, 2010헌가16ㆍ37, 2008헌바103, 2009헌바
3, 2011헌바16(병합)) [합헌]
. 언론ㆍ출판의 자유
11. 노회찬 안기부×파일 공개 사건 ················································································51
(헌재 2011. 8. 30. 2009헌바42) [합헌]
. 재산권
12. 구 토지수용법상 환매권의 행사기간 규정 사건 ·························································55
(헌재 2011. 3. 31. 2008헌바26) [합헌]
13. 민간기업의 골프장 조성을 위한 토지수용 사건 ·························································60
(헌재 2011. 6. 30. 2008헌바166, 2011헌바35(병합)) [헌법불합치, 합헌]
. 직업의 자유
14. 미용고 입학연령 사건 ·······························································································66
(헌재 2011. 6. 30. 2010헌마503) [기각]
. 참정권
15. 주민소환의 청구사유 명시 및 진위 확인에 대한 규정 미비 사건 ······························69
(헌재 2011. 3. 31. 2008헌마355) [기각]
. 인간다운 생활을 할 권리
16. 저소득가구 전세자금 지원기준 사건 ·········································································72
(헌재 2011. 10. 25. 2009헌마588) [기각]
17. 비공상장해 공무원의 장해연금 제외 사건 ·································································76
(헌재 2011.11.24. 2010헌마510) [기각]
. 근로의 권리
18. 계속근로기간이 1년 미만인 근로자의 퇴직급여제외 사건 ········································80
(헌재 2011. 7. 28. 2009헌마408) [기각]
. 혼인과 가족생활의 보장
19. 혼인으로 인한 1세대 3주택 보유자에 대한 양도소득세 중과세 사건 ·························84
(헌재 2011.11.24. 2009헌바146) [헌법불합치]
. 국민의 기본적 의무
20. 산업기능요원 편입처분 취소와 군복무기간 단축 사건 ·············································90
(헌재 2011.11.24. 2010헌마746) [위헌, 각하]
. 선거제도
21. 비례대표지방의회의원후보자의 예비후보자 등록제한 규정 사건 ·································94
(헌재 2011. 3. 31. 2010헌마314) [기각]
22. 지역구지방의회의원선거에서의 기탁금 반환 및 선거비용 보전 규정 사건 ··················99
(헌재 2011. 6. 30. 2010헌마542) [기각]
. 대통령의 입법에 관한 권한
23. 직장보육시설 설치의무 사건 ···················································································106
(헌재 2011.11.24. 2010헌바373) [합헌]
. 위헌법률심판의 요건
24. 증언 녹음에 대한 재판장의 불허가 사건 ·································································111
(헌재 2011. 6. 30. 2008헌바81) [각하]
. 권리구제형 헌법소원
25. 부정선거운동죄 처벌규정 사건 ················································································114
(헌재 2011. 3. 31. 2008헌마738) [각하]
26. 일본군위안부의 배상청구권 분쟁해결 부작위 사건 ··················································116
(헌재 2011. 8. 30. 2006헌마788) [위헌확인]
27. 원자폭탄 피폭피해자의 배상청구권 분쟁해결 부작위 사건 ·······································124
(헌재 2011. 8. 30. 2008헌마648) [위헌확인]
28. 강제추행죄 처벌규정 위헌소원 사건 ········································································132
(헌재 2011. 9. 29. 2010헌바66) [합헌, 각하]
제2편 2011년 하반기 기타 요약판례
. 기본권의 주체
1. 외국인근로자의 고용 등에 관한 법률 제25조 제3항 위헌확인 사건 ·························138
(헌재 2011. 9. 29. 2009헌마351) [기각]
. 기본권의 제한과 그 한계
2. 도시 및 주거환경정비법 제8조 제3항 등 위헌소원 사건 ·········································138
(헌재 2011. 8. 30. 2009헌바128ㆍ148(병합)) [합헌, 위헌]
3. 형법 제69조 제2항 등 위헌소원 사건 ·····································································139
(헌재 2011. 9. 29. 2010헌바188ㆍ2011헌바91ㆍ151(병합)) [합헌]
4. 아동ㆍ청소년의 성보호에 관한 법률 제12조 제1항 제2호 위헌제청 사건 ·················140
(헌재 2011. 10. 25. 2011헌가1) [합헌]
5. 구 관광진흥법 제80조 위헌소원 사건 ·····································································141
(헌재 2011. 10. 25. 2010헌바307) [위헌, 합헌]
. 기본권의 침해와 구제
6. 부정경쟁방지 및 영업비밀보호에 관한 법률 제18조 제2항 위헌제청 사건 ···············141
(헌재 2011. 11. 24. 2010헌가42) [합헌]
7. 성폭력범죄의 처벌 등에 관한 특례법 제7조 제2항 제1호 위헌소원 사건 ·················142
(헌재 2011. 11. 24. 2011헌바54) [합헌]
. 인간의 존엄과 가치ㆍ행복추구권
8. 구 전자금융거래법 제49조 제5항 제1호 등 위헌소원 사건 ······································143
(헌재 2011. 7. 28. 2010헌바115) [합헌]
9. 민법 제1066조 제1항 위헌소원 ·················································································144
(헌재 2011. 9. 29. 2010헌바250ㆍ456(병합)) [합헌]
10. 주택법 제68조 제1항 제2호 위헌확인 사건 ···························································145
(헌재 2011. 9. 29. 2010헌마85) [기각]
. 평등권
11. 국가유공자 등 예우 및 지원에 관한 법률 제9조 제1항 위헌확인 사건 ··················146
(헌재 2011. 7. 28. 2009헌마27) [기각]
. 신체의 자유
12. 형법 제311조 위헌소원 등 사건 ············································································147
(헌재 2011. 6. 30. 2009헌바199) [합헌]
13. 구 도시 및 주거환경정비법 제86조 제7호 등 위헌제청 사건 ·································148
(헌재 2011. 10. 25. 2010헌가29) [위헌]
. 사생활의 비밀과 자유
14. 독거실내 폐쇄회로 텔레비전 설치 위헌확인 사건 ··················································148
(헌재 2011. 9. 29. 2010헌마413) [기각]
. 양심의 자유
15. 향토예비군설치법 제15조 제8항 위헌제청 등 사건 ················································149
(헌재 2011. 8. 30. 2007헌가12, 2009헌바103(병합)) [합헌]
. 언론ㆍ출판의 자유
16. 공공기관의 정보공개에 관한 법률 제9조 제1항 제5호 위헌소원 사건 ····················150
(헌재 2011. 3. 31. 2010헌바291) [합헌]
. 재산권
17. 지방세법 제186조 단서 위헌소원 사건 ··································································151
(헌재 2011. 3. 31. 2009헌바399) [합헌]
18. 구 소득세법 제95조 제2항 위헌제청 사건 ·····························································152
(헌재 2011. 3. 31. 2009헌가22) [합헌]
19. 부동산 실권리자명의 등기에 관한 법률 제5조 제1항 위헌소원 사건 ······················153
(헌재 2011. 6. 30. 2009헌바55) [합헌]
20. 도시 및 주거환경정비법 제65조 제2항 후문 위헌소원 사건 ···································154
(헌재 2011. 7. 28. 2008헌바13) [합헌]
21. 소득세법 제104조의3 제1항 제4호 위헌소원 사건 ···················································155
(헌재 2011. 10. 25. 2010헌바57) [합헌]
22. 제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법 제202조 위헌소원 사건 ·· 155
(헌재 2011. 10. 25. 2010헌바126) [합헌]
. 직업의 자유
23. 산업재해보상보험법 제43조 제1항 제2호 위헌확인 사건 ········································156
(헌재 2011. 6. 30. 2008헌마595) [기각]
24. 화물자동차 운수사업법 시행규칙 제3조 제2호 위헌확인 사건 ································157
(헌재 2011. 10. 25. 2010헌마482) [기각]
25. 당연퇴직처분취소 사건 ··························································································158
(헌재 2011. 10. 25. 2011헌마85) [기각]
. 재판청구권
26. 형사소송법 제262조 제4항 위헌확인 등 사건 ························································159
(헌재 2011. 10. 25. 2010헌마243) [각하, 기각]
27. 형사소송법 제262조 제4항 위헌확인 사건 ·····························································159
(헌재 2011. 11. 24. 2008헌마578) [한정위헌]
. 인간다운 생활을 할 권리
28. 국민기초생활 보장법 시행령 제2조 제2항 제3호 위헌확인 등 사건 ·······················160
(헌재 2011. 3. 31. 2009헌마617, 2010헌마341(병합)) [기각]
. 선거제도
29. 공직선거법 제60조의3 제2항 제1호 위헌확인 사건 ················································161
(헌재 2011. 8. 30. 2010헌마259ㆍ281(병합)) [기각]
. 대통령의 입법에 관한 권한
30. 의료기기법 제32조 제1항 제5호 등 위헌제청 ··························································162
(헌재 2011. 9. 29. 2010헌가93) [헌법불합치]
31. 및 운영에 관한 법률 제5조 제3항 제5호 위헌소원 사건 ·············163
(헌재 2011. 10. 25. 2010헌바272) [합헌]
. 행정부 (국가인권위원회)
32. 진정사건 각하처분 취소 사건 ················································································164
(헌재 2011. 3. 31. 2010헌마13) [기각]
. 위헌심사형 헌법소원
33. 구 문화재보호법 제45조의2 등 위헌소원 사건 ······················································164
(헌재 2011. 3. 31. 2009헌바312) [각하]
34. 형사소송법 제420조 위헌소원 등 사건 ··································································165
(헌재 2011. 6. 30. 2009헌바430) [합헌]
35. 도시 및 주거환경정비법 부칙 제2조 등 위헌소원 사건 ·········································165
(헌재 2011. 7. 28. 2009헌바24) [각하]
. 권리구제형 헌법소원
36. 현금청산 불이행 위헌확인 사건 ············································································166
(헌재 2011. 3. 29. 2011헌마128 ) [각하]
37. 의료법 시행규칙 [별표 3] 등 부분 위헌확인 사건 ·················································166
(헌재 2011. 3. 31. 2009헌마508) [각하]
38. 주택법 제55조 제2항 등 위헌확인 사건 ································································167
(헌재 2011. 3. 31. 2010헌마45) [각하]
39. 구 영산강ㆍ섬진강수계 물관리 및 주민지원 등에 관한 법률 시행령 사건 ··············167
(헌재 2011. 3. 31. 2010헌마195) [각하]
40. 형법 제347조 제1항 등 위헌확인 사건 ··································································168
(헌재 2011. 7. 28. 2010헌마432) [각하]
41. 퇴직급여금 감액 위헌확인 사건 ············································································168
(헌재 2011. 8. 30. 2008헌마343) [각하]
42. 신체검사서 제출 요구 행위 위헌학인 등 사건 ·······················································169
(헌재 2011. 9. 29. 2009헌마358) [각하]
43. 전통사찰보존구역 지정해제신청 반려처분 취소 사건 ·············································170
(헌재 2011. 10. 25. 2009헌마647) [각하]
44. 외국인근로자의 고용 등에 관한 법률 제27조의2 등 위헌확인 사건 ·······················170
(헌재 2011. 10. 25. 2010헌마661) [기각]
45. 헌법재판소법 제39조 등 위헌확인 사건 ································································172
(헌재 2011. 10. 25. 2011헌마175) [각하, 기각]
. 헌법소원심판의 결정
46. 기소유예처분취소 사건 ··························································································172
(헌재 2011. 3. 31. 2010헌마312) [취소]
. 권한쟁의심판
47. 국회의원과 국회의장 간의 권한쟁의 사건 ······························································173
(헌재 2011. 8. 30. 2009헌라7) [침해, 무효확인기각]
48. 전라북도와 교육과학기술부장관 간의 권한쟁의 사건 ·············································174
(헌재 2011. 8. 30. 2010헌라4) [각하]
49. 경상남도와 정부 간의 4대강 권한쟁의 사건 ··························································174
(헌재 2011. 8. 30. 2011헌라1) [각하]
50. 인천광역시 중구와 인천광역시 등 간의 권한쟁의 사건 ··········································176
(헌재 2011. 9. 29. 2009헌라3) [각하, 기각]
제3편 2011년 12월 중요판례
. 기본권 충돌
1. 교육관련기관의 정보공개에 관한 특례법 제3조 제2항 등 위헌확인 사건 ···················178
(헌재2011.12.29. 2010헌마293) [각하, 기각]
. 기본권 제한과 그 한계
2. 검사징계법 제2조제3호 등 위헌소원 사건 ·································································179
(헌재 2011.12.29., 2009헌바282) [합헌]
. 자기책임의 원칙
3. 특정경제범죄 가중처벌 등에 관한 법률 제4조 제2항 등 위헌소원 사건 ····················180
(헌재 2011.12.29., 2010헌바117) [각하ㆍ합헌]
. 평등권
4. 공무원연금법 부칙 제4조 제1항 위헌소원 사건 ························································181
(헌재 2011.12.29., 2011헌바41) [합헌]
5. 태평양전쟁 전후 국외 강제동원희생자 등 지원에 관한 법률 제1조 위헌확인 사건 ····181
(헌재 2011.12.29. 2009헌마182) [기각]
. 종교의 자유
6. 형의 집행 및 수용자의 처우에 관한 법률 제45조제1항 위헌확인 등 사건 ·················183
(헌재 2011.12.29. 2009헌마527) [인용]
. 교육을 받을 권리
7. 지방 교육자치에 관한 법률 제46조 제3항 위헌확인 사건 ·········································184
(헌재 2011.12.29. 2010헌마285) [기각]
. 소비자의 권리
8. 형법 제314조 제1항 등 위헌소원 사건 ·····································································185
(헌재 2011.12.29., 2010헌바54) [각하ㆍ합헌]
. 선거제도
9. 공직선거법 제93조제1항 등 위헌확인 사건 ·······························································188
(헌재 2011.12.29., 2007헌마1001) [한정위헌]
. 지방자치제도
10. 주민소환에 관한 법률 제10조 제4항 위헌소원 ························································191
(헌재 2011.12.29., 2010헌바368) [합헌]
. 재판의 전제성
11. 변리사법 제8조 등 위헌소원 사건 ··········································································192
(헌재 2011.12.29., 2010헌바459) [각하]
. 헌법소원의 대상
12. 공공기관 선진화 추진계획 위헌확인 사건 ·······························································193
(헌재 2011.12.29. 2009헌마330) [각하]