2025 강성민 SIGNATURE 경찰헌법 기본서

제1편 기본권

제1장 기본권 총론

제1절 기본권 일반 ·······································································································································4
Ⅰ. 기본권의 의미 / 4 Ⅱ. 기본권의 분류 / 4
Ⅲ. 기본권 보장의 역사 / 6

제2절 기본권의 성격 ·······································································································································7
Ⅰ. 자연권성 및 실정권성, 주관적 공권 / 7 Ⅱ. 기본권의 이중적 성격 / 7
Ⅲ. 헌법관에 따른 기본권의 성격 / 7

제3절 기본권과 제도보장 ·······································································································································8
Ⅰ. 제도보장의 의의 / 8 Ⅱ. 현행 헌법상 제도보장 / 8

제4절 기본권의 주체 ······································································································································9
Ⅰ. 의 의 / 9 Ⅱ. 구체적 검토 / 9

제5절 기본권의 효력 ·····································································································································16
Ⅰ. 의 의 / 16 Ⅱ. 기본권의 대국가적 효력 / 16
Ⅲ. 기본권의 대사인적 효력 / 17

제6절 기본권의 경합과 충돌 ·······························································································································19
Ⅰ. 기본권의 경합 / 19 Ⅱ. 기본권의 충돌 / 21

제7절 기본권의 제한 및 한계 ·····························································································································24
Ⅰ. 의 의 / 24 Ⅱ. 기본권의 내재적 한계 / 24
Ⅲ. 기본권 제한의 유형 / 25 Ⅳ. 기본권 제한의 일반원칙 / 26

제8절 기본권의 침해와 구제 ·······························································································································58
Ⅰ. 입법부에 의한 침해와 구제 / 58 Ⅱ. 행정부에 의한 침해와 구제 / 63
Ⅲ. 사법부에 의한 침해와 구제 / 63 Ⅳ. 사인에 의한 침해와 구제 / 63
Ⅴ. 국가인권위원회를 통한 구제 / 63

제9절 기본권의 보호의무 ·····································································································································66
Ⅰ. 의 의 / 66 Ⅱ. 헌법적 근거 / 67
Ⅲ. 보호의무 이행의 심사기준 - 과소보호금지원칙 / 67

제2장 인간의 존엄과 가치⋅행복추구권

제1절 인간의 존엄과 가치 ···································································································································72
Ⅰ. 의의 및 성격 / 72 Ⅱ. 주 체 / 72
Ⅲ. 일반적 인격권 / 73

제2절 행복추구권 ···································································································································79
Ⅰ. 의의 및 법적 성격 / 79 Ⅱ. 내 용 / 80

제3장 평등권
Ⅰ. 의 의 / 97 Ⅱ. 내용 / 97
Ⅲ. 적극적 평등실현조치 / 106 Ⅳ. 간접차별 / 107
Ⅴ. 평등원칙에 관한 판례 / 107

제4장 자유권적 기본권

제1절 인신에 관한 자유 ····································································································································124
┃제1항┃ 생명권 / 124
Ⅰ. 의의 및 내용 / 124 Ⅱ. 제한 및 한계 / 124

┃제2항┃ 신체를 훼손당하지 않을 권리 / 127

┃제3항┃ 신체의 자유 / 127
Ⅰ. 의 의 / 127 Ⅱ. 신체의 자유의 실체적 보장 / 131
Ⅲ. 신체의 자유의 절차적 보장 / 146

제2절 사생활영역의 자유 ···································································································································172
┃제1항┃ 사생활의 비밀과 자유 / 172
Ⅰ. 의 의 / 172 Ⅱ. 표현의 자유와의 관계(기본권충돌) / 175

┃제2항┃ 주거의 자유 / 188
Ⅰ. 의 의 / 188 Ⅱ. 내 용 / 188

┃제3항┃ 거주⋅이전의 자유 / 190
Ⅰ. 의 의 / 190 Ⅱ. 주 체 / 191
Ⅲ. 내 용 / 191

┃제4항┃ 통신의 자유 / 193
Ⅰ. 의 의 / 193 Ⅱ. 내 용 / 193
Ⅲ. 효 력 / 195 Ⅳ. 제한 및 한계 / 195

제3절 정신생활영역의 자유 ·······························································································································201
┃제1항┃ 양심의 자유 / 201
Ⅰ. 의 의 / 201 Ⅱ. ‘양심’의 의의 / 201
Ⅲ. 주 체 / 202 Ⅳ. 내 용 / 203
Ⅴ. 제한 및 한계 / 203

┃제2항┃ 종교의 자유 / 208
Ⅰ. 의 의 / 208 Ⅱ. 주 체 / 208
Ⅲ. 내 용 / 208 Ⅳ. 제한 및 한계 / 209
Ⅴ. 국교부인과 정교분리의 원칙 / 212

┃제3항┃ 언론⋅출판의 자유 / 213
Ⅰ. 의 의 / 213 Ⅱ. 의사표현 및 전파의 자유(표현의 자유)의 내용 / 214
Ⅲ. 제 한 / 219 Ⅳ. 한 계 / 223
Ⅴ. 알 권리, 액세스권, 언론기관의 자유 / 225

┃제4항┃ 집회⋅결사의 자유 / 234
Ⅰ. 집회의 자유 / 234 Ⅱ. 결사의 자유 / 245

┃제5항┃ 학문과 예술의 자유 / 249
Ⅰ. 학문의 자유 / 249 Ⅱ. 예술의 자유 / 251

제4절 경제생활영역의 자유 ·······························································································································253
┃제1항┃ 재산권 / 253
Ⅰ. 의 의 / 253 Ⅱ. 재산권보장의 내용 / 259
Ⅲ. 재산권의 제한 / 260 Ⅳ. 재산권의 공용침해 / 264
Ⅴ. 재산권에 관한 헌법재판소 결정례 / 266 Ⅵ. 특별부담금의 헌법적 한계 / 274

┃제2항┃ 직업의 자유 / 277
Ⅰ. 의 의 / 277 Ⅱ. 주 체 / 279
Ⅲ. 내 용 / 280 Ⅳ. 제한 및 한계 / 282

┃제3항┃ 소비자의 권리 / 301

제5장 정치적 기본권

제1절 총 설 ················································································································································303
제2절 참정권 ················································································································································303
Ⅰ. 의 의 / 303 Ⅱ. 법적 성격 / 303
Ⅲ. 주 체 / 303 Ⅳ. 내 용 / 304
Ⅴ. 참정권 제한의 한계 / 317

제6장 청구권적 기본권

제1절 청구권적 기본권 일반이론 ······················································································································318
제2절 청원권 ··········································································································································318
Ⅰ. 의 의 / 319 Ⅱ. 내 용 / 319
Ⅲ. 청원법 이외의 관련 법률 / 322

제3절 기재판청구권 ··········································································································································325
Ⅰ. 의 의 / 325 Ⅱ. 법적 성격 / 325
Ⅲ. 주 체 / 326 Ⅳ. 내 용 / 326
Ⅴ. 재판청구권의 제한 / 340 Ⅵ. 형사피해자의 재판절차진술권 / 344

제4절 국가배상청구권 ········································································································································346
Ⅰ. 의 의 / 346 Ⅱ. 법적 성격 / 346
Ⅲ. 주 체 / 346 Ⅳ. 내 용 / 347
Ⅴ. 국가배상책임의 성질 / 349 Ⅵ. 배상책임자 / 350
Ⅶ. 국가배상청구의 절차 / 351 Ⅷ. 국가배상청구권의 제한 / 352

제5절 형사보상청구권 ········································································································································355
Ⅰ. 의 의 / 355 Ⅱ. 주 체 / 356
Ⅲ. 내 용 / 356

제6절 범죄피해자구조청구권 ······························································································································361
Ⅰ. 의 의 / 361 Ⅱ. 법적 성격 / 362
Ⅲ. 주 체 / 362 Ⅳ. 내 용 / 362

제7장 사회적 기본권

제1절 사회적 기본권의 일반론 ··························································································································366
Ⅰ. 의 의 / 366 Ⅱ. 법적 성격 / 366

제2절 인간다운 생활을 할 권리 ························································································································367
Ⅰ. 의 의 / 367 Ⅱ. 주 체 / 368
Ⅲ. 내 용 / 368 Ⅳ. 제한 및 한계 / 371

제3절 교육을 받을 권리 ····································································································································373
Ⅰ. 의 의 / 373 Ⅱ. 성 격 / 374
Ⅲ. 주 체 / 375 Ⅳ. 교육을 받을 권리의 내용 / 375
Ⅴ. 교육제도의 보장 / 381

제4절 근로의 권리 ·······································································································································387
Ⅰ. 의 의 / 387 Ⅱ. 성 격 / 387
Ⅲ. 주 체 / 388 Ⅳ. 내 용 / 388

제5절 근로3권 ········································································································································393
Ⅰ. 의 의 / 393 Ⅱ. 법적 성격 / 393
Ⅲ. 주 체 / 394 Ⅳ. 근로3권의 내용 / 395
Ⅴ. 근로3권의 제한 및 한계 / 400

제6절 환경권 ·····································································································································405
Ⅰ. 의 의 / 405 Ⅱ. 성 격 / 405
Ⅲ. 환경권의 보호대상 / 406 Ⅳ. 침해와 구제 / 406

제7절 혼인과 가족생활의 보장 ··························································································································408
Ⅰ. 의 의 / 408 Ⅱ. 성 격 / 408
Ⅲ. 내 용 / 408

제8절 모성의 보호 ·········································································································································417
Ⅰ. 의 의 / 417 Ⅱ. 내 용 / 417

제9절 보건권 ········································································································································417
Ⅰ. 의 의 / 417 Ⅱ. 내 용 / 418

제8장 국민의 기본적 의무
Ⅰ. 의 의 / 420 Ⅱ. 기본적 의무의 내용 / 420



제2편 헌법총권

제1장 헌법과 헌법학

제1절 헌법일반 ········································································································································426
Ⅰ. 헌법의 개념 / 426 Ⅱ. 헌법관 / 430
Ⅲ. 헌법의 특성 / 431

제2절 헌법의 해석 ·········································································································································432
Ⅰ. 헌법의 해석 / 432 Ⅱ. 합헌적 법률해석 / 433

제3절 헌법의 제정 ········································································································································435
Ⅰ. 헌법제정의 의의 / 435 Ⅱ. 헌법제정권력 / 436

제4절 헌법의 개정 ·········································································································································436
Ⅰ. 헌법개정의 의의 및 필요성 / 436 Ⅱ. 헌법개정의 한계 인정여부 / 436
Ⅲ. 헌법개정한계의 내용 / 437 Ⅳ. 한국헌법의 개정절차 / 438

제5절 헌법의 변천 ········································································································································440
Ⅰ. 헌법변천의 의의 / 440 Ⅱ. 헌법개정과의 차이 / 441
Ⅲ. 헌법변천의 요건 / 441 Ⅳ. 헌법변천의 한계 / 441
Ⅴ. 구체적 사례 / 441

제6절 헌법의 수호 ···································································································································441
Ⅰ. 헌법의 수호(보호)의 의의 / 441 Ⅱ. 헌법의 수호(보호)의 종류 / 442
Ⅲ. 저항권 / 442 Ⅳ. 방어적 민주주의 / 444
Ⅴ. 국가긴급권 / 445

제2장 대한민국 헌법총설

제1절 대한민국 헌정사 ··································································································································455
제2절 대한민국의 국가형태 ·······························································································································470
Ⅰ. 국가형태의 의의 / 470 Ⅱ. 국가형태에 대한 현대적 분류 / 470
Ⅲ. 대한민국의 국가형태 / 470

제3절 대한민국의 구성요소 ·······························································································································471
Ⅰ. 주 권 / 471 Ⅱ. 국 민 / 471
Ⅲ. 영 역 / 481

제4절 한국헌법의 기본원리 ·······························································································································485
┃제1항┃ 헌법전문 / 486
Ⅰ. 헌법 전문의 의의 / 486 Ⅱ. 헌법 전문의 규범적 효력 / 486

┃제2항┃ 국민주권 원리 / 487
Ⅰ. 국민주권 원리의 개념 / 488 Ⅱ. 현행 헌법상 국민주권 원리의 구현 / 489

┃제3항┃ 민주주의 원리 / 490
Ⅰ. 민주주의의 개념 / 490 Ⅱ. 민주주의의 내용 / 491
Ⅲ. 오늘날 민주주의의 형태 / 492 Ⅳ. 현행 헌법상 민주주의 원리의 구현 / 492

┃제4항┃ 법치국가 원리 / 493
Ⅰ. 법치국가 원리의 의의 / 493 Ⅱ. 법치국가 원리의 내용 / 493
Ⅲ. 현행 헌법상 법치주의 원리의 구현 / 494

┃제5항┃ 사회국가원리 / 504
Ⅰ. 사회국가의 의의 / 504 Ⅱ. 사회국가원리의 수용 / 504
Ⅲ. 사회국가원리의 한계 / 504 Ⅳ. 현행 헌법상 사회국가원리의 구현 / 505

┃제6항┃ 문화국가원리 / 510
Ⅰ. 문화국가원리의 의미 / 510 Ⅱ. 문화국가원리의 내용 / 510
Ⅲ. 현행 헌법상 문화국가원리의 구현 / 511

┃제7항┃ 국제평화주의 / 512
Ⅰ. 국제평화주의의 의의 / 512 Ⅱ. 침략전쟁의 부인 / 513
Ⅲ. 평화통일의 지향 / 513 Ⅳ. 외국인의 법적지위 보장 / 513
Ⅴ. 국제법존중주의 / 514

제5절 한국헌법의 기본제도 ·······························································································································520
┃제1항┃ 정당제도 / 520
Ⅰ. 헌법상 정당제도 및 정당의 기능 / 520 Ⅱ. 정당의 개념 / 520
Ⅲ. 정당의 지위 / 521 Ⅳ. 정당의 법적 성격 / 521
Ⅴ. 정당의 자유 / 521 Ⅵ. 정당의 설립 / 523
Ⅶ. 정당의 활동 / 525 Ⅷ. 당내 민주주의(당내 민주화) / 526
Ⅸ. 정당의 소멸 / 528 Ⅹ. 정당과 정치자금 / 534

┃제2항┃ 선거제도 / 540
Ⅰ. 선거권 / 540 Ⅱ. 선거제도의 기본원칙 / 545
Ⅲ. 대표제와 선거구제 / 554 Ⅳ. 현행 헌법상 선거제도 / 558

┃제3항┃ 공무원제도 / 579
Ⅰ. 공무원의 의의 / 579 Ⅱ. 국민 전체에 대한 봉사자로서의 공무원 / 580
Ⅲ. 직업공무원제도 / 580

┃제4항┃ 지방자치제도 / 587
Ⅰ. 지방자치제도 개설 / 587 Ⅱ. 현행 헌법상 지방자치제도 / 591