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 ··············································································································································· 11
6. 역대 헌법의 제정·개정 과정과 주요 특징 ··················································································· 12
7. 역대 헌법의 기본권 비교 ················································································································ 16
8. 국 적 ················································································································································ 19
9. 국적법 기타 중요 조문 ···················································································································· 21
10. 대한민국의 영역 ······························································································································· 21
11. 헌법전문 ··········································································································································· 22
12. 헌법의 기본원리 ······························································································································ 25
13. 국민주권의 원리 ······························································································································ 25
14. 헌법상 소수자 보호제도 ·················································································································· 25
15. 법률유보의 원칙 ······························································································································ 26
16. 체계정당성 ······································································································································· 27
17. 신뢰보호원칙 ···································································································································· 28
18. 신뢰보호원칙 위반을 인정한 사례 ································································································· 29
19. 신뢰보호원칙 위반을 부정한 사례 ································································································· 32
20. 사회국가의 원리 ······························································································································ 34
21. 헌법상 경제질서 위반을 인정한 사례 ···························································································· 35
22. 헌법상 경제질서에 위반되지 않는다고 본 사례 ··········································································· 35
23. 문화국가의 원리 ······························································································································ 37
24. 국제평화주의 ··································································································································· 39
25. 평화통일의 원칙 ······························································································································ 42
26. 제도적 보장 ····································································································································· 43
27. 정당의 개념과 정당의 자유 ············································································································ 43
28. 위헌정당해산 및 등록취소 ·············································································································· 47
29. 정당법 등 중요 조문 ······················································································································ 50
30. 정치자금 ··········································································································································· 51
31. 정치자금법 중요 조문 ····················································································································· 54
32. 선거제도 ·········································································································································· 54
33. 공직선거법 중요 조문 ····················································································································· 68
34. 지방자치제도 ···································································································································· 71
35. 지방자치법 등 중요 조문 ············································································································ 79

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 ····································································································································· 102
9. 자기책임의 원리 ···························································································································· 104
10. 평등권 ············································································································································ 105
11. 적극적 평등실현조치의 성격 ········································································································· 106
12. 평등권침해를 인정한 판례 ············································································································107
13. 평등권침해를 부정한 판례 ············································································································· 115
14. 생명권 ············································································································································· 116
15. 신체의 자유 ···································································································································· 117
16. 죄형법정주의 ·································································································································· 118
17. 명확성원칙 위배 여부 판단기준 ···································································································· 121
18. 명확성원칙과 포괄위임금지원칙의 관계 ····················································································· 123
19. 명확성원칙 위배 여부 ···················································································································· 124
20. 이중처벌금지원칙(일사부재리원칙) ······························································································ 126
21. 연좌제 금지 ···································································································································· 130
22. 적법절차의 원칙 ···························································································································· 130
23. 영장주의 ········································································································································· 132
24. 체포·구속적부심사 청구의 주체 ································································································· 136
25. 무죄추정의 원칙 ···························································································································· 137
26. 진술거부권 ····································································································································· 138
27. 변호인의 조력을 받을 권리 ·········································································································· 138
28. 변호인이 피구속자를 조력할 권리 ······························································································· 144
29. 사생활의 비밀과 자유의 보호영역 밖 ·························································································· 146
30. 사생활의 비밀과 자유를 침해하였다고 본 사례 ········································································· 146
31. 대법원 판례 ···································································································································· 147
32. 개인정보자기결정권 ······················································································································· 148
33. 개인정보 보호법 중요 조문 ·········································································································· 149
34. 개인정보보자기결정권을 침해하였다고 인정한 판례 ·································································· 150
35. 주거의 자유 ····································································································································· 156
36. 거주·이전의 자유 ·························································································································· 158
37. 통신의 자유 ····································································································································· 159
38. 통신비밀보호법 중요 조문 ············································································································· 160
39. 양심의 자유 ····································································································································· 160
40. 종교의 자유 ····································································································································· 164
41. 학문의 자유 ······································································································································ 167
42. 대학의 자치(대학의 자율성) ··········································································································· 169
43. 언론·출판의 자유 ··························································································································· 172
44. 알권리 ·············································································································································· 173
45. 공공기관의 정보공개에 관한 법률 중요 조문 ··············································································· 176
46. Access권 ········································································································································· 177
47. 검열 금지 ········································································································································· 178
48. 표현의 자유를 침해하였다고 인정한 판례 ···················································································· 180
49. 언론·출판의 자유의 한계 ·············································································································· 183
50. 집회의 자유 ····································································································································· 184
51. 집회의 자유를 침해하였다고 인정한 판례 ····················································································· 186
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 ······································································································································ 207
59. 재산권의 공용수용 ·························································································································· 209
60. 직업의 자유 ····································································································································· 210
61. 직업의 자유를 침해하였다고 인정한 판례 ····················································································· 212
62. 소비자보호운동 ································································································································ 216
63. 국민투표권 ······································································································································· 217
64. 국민투표법 중요 조문 ····················································································································· 218
65. 공무담임권 ······································································································································· 219
66. 공무담임권 침해를 인정한 판례 ····································································································· 221
67. 직업공무원제도 ······························································································································· 223
68. 청원권 ·············································································································································· 224
69. 청원법, 국회법, 지방자치법 중요 조문 ························································································· 225
70. 재판청구권 ······································································································································ 226
71. 재판청구권을 침해하였다고 인정한 판례 ······················································································· 227
72. 국민의 형사재판 참여에 관한 법률 중요 조문 ············································································· 232
73. 형사보상청구권 ······························································································································· 235
74. 형사보상 및 명예회복에 관한 법률 중요 조문 ············································································· 234
75. 국가배상청구권 ······························································································································· 235
76. 이중배상 금지 ································································································································· 239
77. 국가배상법 중요 조문 ····················································································································· 240
78. 범죄피해자 보호법 중요 조문 ········································································································ 241
79. 인간다운 생활을 할 권리 ··············································································································· 242
80. 교육을 받을 권리 ··························································································································· 243
81. 의무교육 ·········································································································································· 244
82. 학부모의 자녀교육권 ······················································································································ 245
83. 교원지위 법정주의 ·························································································································· 246
84. 근로의 권리 ····································································································································· 247
85. 근로3권 ·········································································································································· 248
86. 노동조합 및 노동관계조정법 중요 조문 ······················································································· 250
87. 환경권 ·············································································································································· 251
88. 혼인과 가족생활 ······························································································································ 251
89. 국방의 의무 ····································································································································· 254

제3편 통치구조
Chapter 1. 대의제와 직접민주제 ····················································································································· 256
2. 공직선거법 중요 조문 ··················································································································· 258
3. 권력분립의 원리 ···························································································································· 258
4. 국회의 조직 ··································································································································· 259
5. 국회의 의사절차 ·························································································································· 262
6. 국회의원의 심의·표결권 ············································································································· 265
7. 조세의 기본원칙 ···························································································································· 267
8. 조세법률주의에 위배된 사례 ········································································································ 268
9. 인사청문 대상자 ···························································································································· 269
10. 탄핵소추대상자 ······························································································································ 270
11. 탄핵소추 사유 및 절차 ·················································································································· 270
12. 국정감사와 국정조사 ····················································································································· 273
13. 국무총리·국무위원 해임건의권 ··································································································· 274
14. 불체포특권 ····································································································································· 276
15. 면책특권 ········································································································································· 276
16. 국회법 중요 조문 ·························································································································· 278
17. 헌법재판소법 중요 조문 ················································································································ 283
18. 국정감사 및 조사에 관한 법률 중용 조문 ················································································· 283
19. 국가재정법 중요 조문 ··················································································································· 284
20. 인사청문회법 중요 조문 ············································································································· 284
21. 대통령 권한대행 ···························································································································· 285
22. 대통령의 특권 ······························································································································· 286
23. 대통령직 인수에 관한 법률 중요 조문 ························································································ 287
24. 국가긴급권 ····································································································································· 287
25. 비상계엄 시 특별한 조치나 기본권 제한 ···················································································· 289
26. 계엄법 중요 조문 ························································································································ 289
27. 법규명령 ········································································································································ 290
28. 행정입법 의무 ································································································································ 291
29. 국회법 중요 조문 ·························································································································· 292
30. 포괄위임금지원칙 ·························································································································· 293
31. 사 면 ·············································································································································· 297
32. 사면법 중요 조문 ·························································································································· 298
33. 국무총리 ········································································································································ 299
34. 국무총리의 권한대행 ···················································································································· 300
35. 정부조직법 중요 조문 ··················································································································· 301
36. 국무회의 규정 중요 조문 ············································································································· 302
37. 감사원 ············································································································································ 302
38. 감사원법 중요 조문 ······················································································································ 303
39. 선거관리위원회법 중요 조문 ······································································································· 303
40. 재판의 독립 ·································································································································· 304
41. 법관의 양형결정권, 책임과 형벌의 비례원칙 ·············································································· 304
42. 사법권의 한계 ······························································································································· 308
43. 명령·규칙 심사권 ························································································································ 309
44. 법원조직법 중요 조문 ··················································································································· 310
45. 가처분 ············································································································································ 312
46. 헌법재판소법 제68조 제1항 헌법소원심판에서 가처분신청을 인용한 사례 ···························· 313
47. 재심 허용 여부 ······························································································································ 314
48. 재심사유 ·········································································································································· 315
49. 위헌법률심판의 대상 ······················································································································· 316
50. 재판의 전제성 ································································································································· 318
51. 위헌법률심판의 심사기준 및 심판대상의 확대 ·············································································· 321
52. 위헌결정의 기속력 ·························································································································· 322
53. 한정위헌결정의 기속력 ··················································································································· 323
54. 형벌조항에 대한 위헌결정의 소급효 ····························································································· 323
55. 비형벌조항에 대한 예외적 소급효 ································································································· 324
56. 위헌심사형 헌법소원 ······················································································································ 325
57. 권리구제형 헌법소원 청구인 능력(기본권의 주체) ······································································· 327
58. 공권력의 행사 또는 공권력의 불행사 ··························································································· 327
59. 입법작용 ·········································································································································· 328
60. 입법부작위 ······································································································································ 329
61. 행정작용 ·········································································································································· 330
62. 검사의 처분에 대한 헌법소원 ········································································································ 334
63. 사법작용 ·········································································································································· 335
64. 기본권침해 가능성 ·························································································································· 339
65. 기본권침해의 자기관련성 ··············································································································· 341
66. 기본권침해의 직접성 ······················································································································ 342
67. 기본권침해의 현재성 ······················································································································ 344
68. 보충성 ············································································································································· 344
69. 권리보호이익 ··································································································································· 347
70. 헌법소원 청구기간 ·························································································································· 348
71. 변호사강제주의 ································································································································ 350
72. 심판절차종료 ··································································································································· 350
73. 권한쟁의심판 ··································································································································· 351
74. 권한쟁의심판 당사자능력 ··············································································································· 352
75. 권한쟁의심판 당사자적격 ··············································································································· 354
76. 피청구인의 처분 또는 부작위 ········································································································ 355
77. 권한의 침해 또는 현저한 침해위험의 가능성 ··············································································· 356
78. 권리보호이익 ··································································································································· 360
79. 권한쟁의 청구기간 ·························································································································· 360
80. 권한쟁의심판의 결정 ······················································································································ 360
81. 헌법재판소법 중요 조문 ················································································································· 368
대한민국 헌법 ·············································································································· 373