2022 Bestlo 헌법 핵심정리 X노트

제1편 헌법 총론
Chapter 1. 헌법의 특성 ······································································································································ 2
2. 합헌적 법률해석 ································································································································ 2
3. 관습헌법 ··········································································································································· 5
4. 헌법개정의 한계 ································································································································ 9
5. 저항권 ··············································································································································· 12
6. 역대 헌법의 제정·개정 과정과 주요 특징 ··················································································· 16
7. 역대 헌법의 기본권 비교 ················································································································ 16
8. 국 적 ················································································································································ 19
9. 국적법 기타 중요 조문 ···················································································································· 18
10. 대한민국의 영역 ······························································································································· 21
11. 헌법전문 ··········································································································································· 22
12. 헌법의 기본원리 ······························································································································ 25
13. 국민주권의 원리 ······························································································································ 25
14. 헌법상 소수자 보호제도 ·················································································································· 26
15. 법률유보의 원칙 ······························································································································ 26
16. 체계정당성 ······································································································································· 28
17. 신뢰보호원칙 ···································································································································· 28
18. 신뢰보호원칙 위반을 인정한 사례 ································································································· 29
19. 신뢰보호원칙 위반을 부정한 사례 ································································································· 32
20. 사회국가의 원리 ······························································································································ 35
21. 헌법상 경제질서 위반을 인정한 사례 ···························································································· 36
22. 헌법상 경제질서에 위반되지 않는다고 본 사례 ············································································ 37
23. 문화국가의 원리 ······························································································································ 38
24. 국제평화주의 ··································································································································· 40
25. 평화통일의 원칙 ······························································································································ 43
26. 제도적 보장 ····································································································································· 44
27. 정당의 개념과 정당의 자유 ············································································································ 44
28. 위헌정당해산 및 등록취소 ············································································································· 48
29. 정당법 등 중요 조문 ······················································································································· 51
30. 정치자금 ·········································································································································· 53
31. 정치자금법 중요 조문 ····················································································································· 56
32. 선거제도 ·········································································································································· 56
33. 공직선거법 중요 조문 ····················································································································· 69
34. 지방자치제도 ··································································································································· 72
35. 지방자치법 등 중요 조문 ··········································································································· 80

제2편 기본권
Chapter 1. 기본권 주체 ································································································································ 84
2. 기본권의 효력 ······························································································································ 87
3. 기본권 보호의무 ······························································································································ 87
4. 국가인권위원회법 중요 조문 ·········································································································· 92
5. 인간의 존엄과 가치 ························································································································· 93
6. 행복추구권 ······································································································································· 95
7. 행복추구권을 침해하였다고 인정한 판례 ······················································································ 96
8. 자기결정권 ······································································································································ 101
9. 자기책임의 원리 ···························································································································· 103
10. 평등권 ············································································································································ 104
11. 적극적 평등실현조치의 성격 ········································································································· 105
12. 평등권침해를 인정한 판례 ············································································································106
13. 평등권침해를 부정한 판례 ············································································································· 114
14. 생명권 ············································································································································· 115
15. 신체의 자유 ···································································································································· 116
16. 죄형법정주의 ··································································································································· 117
17. 명확성원칙 위배 여부 판단기준 ··································································································· 120
18. 명확성원칙과 포괄위임금지원칙의 관계 ····················································································· 122
19. 명확성원칙 위배 여부 ···················································································································· 123
20. 이중처벌금지원칙(일사부재리원칙) ······························································································ 125
21. 연좌제 금지 ···································································································································· 129
22. 적법절차의 원칙 ···························································································································· 129
23. 영장주의 ········································································································································· 131
24. 체포·구속적부심사 청구의 주체 ································································································· 135
25. 무죄추정의 원칙 ···························································································································· 137
26. 진술거부권 ····································································································································· 138
27. 변호인의 조력을 받을 권리 ·········································································································· 138
28. 변호인이 피구속자를 조력할 권리 ······························································································· 143
29. 사생활의 비밀과 자유의 보호영역 밖 ·························································································· 145
30. 사생활의 비밀과 자유를 침해하였다고 본 사례 ········································································· 145
31. 대법원 판례 ···································································································································· 146
32. 개인정보자기결정권 ······················································································································· 147
33. 개인정보 보호법 중요 조문 ·········································································································· 148
34. 개인정보보자기결정권을 침해하였다고 인정한 판례 ·································································· 148
35. 주거의 자유 ··································································································································· 154
36. 거주·이전의 자유 ························································································································ 156
37. 통신의 자유 ····································································································································· 157
38. 통신비밀보호법 중요 조문 ·············································································································· 158
39. 양심의 자유 ····································································································································· 158
40. 종교의 자유 ····································································································································· 162
41. 학문의 자유 ······································································································································ 164
42. 대학의 자치(대학의 자율성) ··········································································································· 166
43. 언론·출판의 자유 ·························································································································· 170
44. 알권리 ··············································································································································· 171
45. 공공기관의 정보공개에 관한 법률 중요 조문 ··············································································· 174
46. Access권 ········································································································································· 175
47. 검열 금지 ········································································································································· 176
48. 표현의 자유를 침해하였다고 인정한 판례 ···················································································· 178
49. 언론·출판의 자유의 한계 ·············································································································· 181
50. 집회의 자유 ····································································································································· 182
51. 집회의 자유를 침해하였다고 인정한 판례 ····················································································· 184
52. 집회 및 시위에 관한 법률 중요 조문 ··························································································· 190
53. 결사의 자유 ······································································································································ 191
54. 결사의 자유 침해를 인정한 판례 ··································································································· 191
55. 재산권 ·············································································································································· 192
56. 재산권 제한 ····································································································································· 194
57. 재산권 침해를 인정한 판례 ············································································································ 196
58. 특별부담금 ······································································································································ 206
59. 재산권의 공용수용 ·························································································································· 208
60. 직업의 자유 ···································································································································· 209
61. 직업의 자유를 침해하였다고 인정한 판례 ····················································································· 211
62. 소비자보호운동 ································································································································ 215
63. 국민투표권 ······································································································································· 216
64. 국민투표법 중요 조문 ····················································································································· 217
65. 공무담임권 ······································································································································· 218
66. 공무담임권 침해를 인정한 판례 ····································································································· 219
67. 직업공무원제도 ······························································································································· 220
68. 청원권 ·············································································································································· 221
69. 청원법, 국회법, 지방자치법 중요 조문 ························································································· 222
70. 재판청구권 ······································································································································· 223
71. 재판청구권을 침해하였다고 인정한 판례 ······················································································· 224
72. 국민의 형사재판 참여에 관한 법률 중요 조문 ············································································· 228
73. 형사보상청구권 ······························································································································· 230
74. 형사보상 및 명예회복에 관한 법률 중요 조문 ············································································· 230
75. 국가배상청구권 ······························································································································· 232
76. 이중배상 금지 ································································································································· 235
77. 국가배상법 중요 조문 ····················································································································· 236
78. 범죄피해자 보호법 중요 조문 ········································································································ 237
79. 인간다운 생활을 할 권리 ··············································································································· 238
80. 교육을 받을 권리 ··························································································································· 239
81. 의무교육 ·········································································································································· 240
82. 학부모의 자녀교육권 ······················································································································· 241
83. 교원지위 법정주의 ·························································································································· 242
84. 근로의 권리 ····································································································································· 243
85. 근로3권 ·········································································································································· 244
86. 노동조합 및 노동관계조정법 중요 조문 ························································································ 247
87. 환경권 ·············································································································································· 247
88. 혼인과 가족생활 ····························································································································· 248
89. 국방의 의무 ···································································································································· 250

제3편 통치구조
Chapter 1. 대의제와 직접민주제 ····················································································································· 252
2. 공직선거법 중요 조문 ··················································································································· 254
3. 권력분립의 원리 ···························································································································· 254
4. 일사부재의의 원칙 ························································································································ 258
5. 국회의원의 심의·표결권 ·············································································································· 261
6. 조세의 기본원칙 ···························································································································· 263
7. 조세법률주의에 위배된 사례 ········································································································ 264
8. 인사청문 대상자 ···························································································································· 265
9. 탄핵소추대상자 ······························································································································ 266
10. 탄핵소추 사유 및 절차 ················································································································· 266
11. 국정감사와 국정조사 ····················································································································· 269
12. 국무총리·국무위원 해임건의권 ··································································································· 270
13. 불체포특권 ····································································································································· 272
14. 면책특권 ········································································································································· 272
15. 국회법 중요 조문 ··························································································································· 274
16. 헌법재판소법 중요 조문 ················································································································ 279
17. 국가재정법 중요 조문 ··················································································································· 279
18. 인사청문회법 중요 조문 ·············································································································· 279
19. 대통령 권한대행 ···························································································································· 280
20. 대통령의 특권 ································································································································ 281
21. 대통령직 인수에 관한 법률 중요 조문 ························································································ 282
22. 국가긴급권 ····································································································································· 282
23. 비상계엄 시 특별한 조치나 기본권 제한 ···················································································· 284
24. 계엄법 중요 조문 ························································································································ 284
25. 법규명령 ········································································································································ 285
26. 행정입법 의무 ······························································································································· 287
27. 국회법 중요 조문 ·························································································································· 288
28. 포괄위임금지원칙 ·························································································································· 288
29. 사 면 ·············································································································································· 292
30. 사면법 중요 조문 ·························································································································· 293
31. 국무총리 ········································································································································· 294
32. 국무총리의 권한대행 ···················································································································· 295
33. 정부조직법 중요 조문 ··················································································································· 296
34. 국무회의 규정 중요 조문 ············································································································· 297
35. 감사원 ············································································································································ 297
36. 감사원법 중요 조문 ······················································································································ 298
37. 선거관리위원회법 중요 조문 ········································································································ 298
38. 재판의 독립 ··································································································································· 299
39. 법관의 양형결정권, 책임과 형벌의 비례원칙 ············································································· 299
40. 사법권의 한계 ······························································································································· 302
41. 명령·규칙 심사권 ························································································································ 304
42. 법원조직법 중요 조문 ·················································································································· 305
43. 가처분 ············································································································································ 307
44. 헌법재판소법 제68조 제1항 헌법소원심판에서 가처분신청을 인용한 사례 ··························· 307
45. 재심 허용 여부 ····························································································································· 309
46. 재심사유 ········································································································································ 310
47. 위헌법률심판의 대상 ······················································································································ 311
48. 재판의 전제성 ································································································································ 313
49. 위헌법률심판의 심사기준 및 심판대상의 확대 ··········································································· 316
50. 위헌결정의 기속력 ························································································································ 317
51. 한정위헌결정의 기속력 ·················································································································· 318
52. 형벌조항에 대한 위헌결정의 소급효 ···························································································· 318
53. 비형벌조항에 대한 예외적 소급효 ······························································································· 319
54. 위헌심사형 헌법소원 ···················································································································· 320
55. 권리구제형 헌법소원 청구인 능력(기본권의 주체) ····································································· 322
56. 공권력의 행사 또는 공권력의 불행사 ························································································· 322
57. 입법작용 ········································································································································ 323
58. 입법부작위 ······································································································································ 324
59. 행정작용 ·········································································································································· 325
60. 검사의 처분에 대한 헌법소원 ········································································································ 328
61. 사법작용 ·········································································································································· 330
62. 기본권침해 가능성 ·························································································································· 332
63. 기본권침해의 자기관련성 ··············································································································· 334
64. 기본권침해의 직접성 ······················································································································ 335
65. 기본권침해의 현재성 ······················································································································ 337
66. 보충성 ············································································································································· 338
67. 권리보호이익 ··································································································································· 340
68. 헌법소원 청구기간 ·························································································································· 341
69. 변호사강제주의 ······························································································································· 343
70. 심판절차종료 ··································································································································· 343
71. 권한쟁의심판 ··································································································································· 344
72. 권한쟁의심판 당사자능력 ··············································································································· 345
73. 권한쟁의심판 당사자적격 ··············································································································· 347
74. 피청구인의 처분 또는 부작위 ········································································································ 348
75. 권한의 침해 또는 현저한 침해위험의 가능성 ··············································································· 349
76. 권리보호이익 ··································································································································· 352
77. 권한쟁의 청구기간 ·························································································································· 352
78. 권한쟁의심판의 결정 ······················································································································ 353
79. 헌법재판소법 중요 조문 ················································································································· 361

대한민국 헌법 ······················································································· 368