헌법은 단순히 헌법 조문에서만 문제가 출제되는 것이 아니라, 수많은 부속법률에서도 출제 되고 있으며, 1989. 1. 25. 선고된 판례부터 시험 직전에 선고된 판례까지 출제되고 있습니 다. 또한 판례의 결론뿐 아니라 그 이유까지 묻는 등 갈수록 깊이 있는 문제가 출제되고 있으 므로 공부량이 방대합니다. 실제로 2022. 3. 26. 시행된 경찰공무원 채용시험에서도 과잉금 지원칙 중 어느 단계를 위반하였는지를 정확히 알고 있어야만 정답을 찾을 수 있는 문제가 출제되었고(문제6), 대학의 자치에 관한 판례의 상세한 내용을 묻는 문제도 출제되었으며(문 제12), 경찰공무원이 「공무원보수규정」을 대상으로 헌법소원심판을 청구한 사례를 제시하고 판례의 이유 부분에서 판단된 내용을 묻는 문제도 출제되었습니다(문제13).
이처럼 헌법은 그 공부량이 많기 때문에 효율적인 공부전략이 필요합니다. 결국 수험생들은 헌법과목을 시간 투자 대비 점수 상승폭이 큰 과목으로 만들어야 하며 이것이 합격의 관건입니다.
이 책은 헌법공부의 양을 최대한 줄이면서도 고득점 할 수 있는 교재를 만드는 데 중점을 두었습니다.
1. 수험생들의 시간을 절약시키기 위하여 헷갈리기 쉬운 제도와 판례를 표로 만들어 정리하였습니다,
2. 효율성을 높이기 위하여 교재 내용 중 출제가능성이 높은 부분에 밑줄을 그었습니다.
3. 사례형 문제에 대비하여 여러 쟁점이 문제된 판례는 모든 쟁점을 한 번에 정리할 수 있도록 판례 전체를 소개하였습 니다.
4. 경찰청에서 출제하는 경정승진시험 뿐만 아니라 국가직 7급, 지방직 7급, 국가직 5급, 법원행시, 법원직, 변호사시험 등모든 국가시험의 기출지문 중 다시 출제 가능한 부분을 반영하였으며, 최근 2022년에 시행된 변호사시험, 경정승진시험및 국가직 5급 시험에서 출제된 부분까지 반영하였습니다.
5. 부속법령은 2022년 6월 12일까지 개정된 내용을 반영하였고, 헌법재판소 판례는 2022년 5월 26일에 선고된 결정까지 수록하였습니다.
아무쪼록 이 책이 헌법공부에 많은 도움이 되어 합격하기를 바랍니다.
2022년 7월 1일 유시완
▶▶▶▶ 헌법의 공부 방법
헌법 시험 문제는 헌법이론, 판례, 헌법조문, 부속법률 등으로 구성됩니다.
먼저 헌법이론을 정확히 이해해야 합니다. 이론에서 많이 출제되는 것은 아니지만 헌법판례와 부속법률을 이해하고 암기하기 위해서는 이론을 먼저 알아야 합니다.
둘째, 헌법판례를 완벽하게 정리해야 합니다. 판례의 사실관계를 알고 결정문의 논리적 구성을 이해하면 판례 암기가 쉬워집니다.
셋째, 헌법조문을 정확히 암기해야 합니다. 헌법조문의 단어 하나하나가 왜 그렇게 규정되었는 지를 이해해야 헌법조문을 정확히 암기할 수 있습니다.
마지막으로 부속법령을 정리해야 합니다. 그 많은 법률을 다 외울 필요는 없습니다. 기출문제및 최근 개정된 부분을 중심으로 양을 줄여야 합니다.
PART 1 ｜ 헌법총론
Chapter 1 헌법총설
제1절 헌법의 개념과 분류 ···································································································· 2
제2절 헌법의 특성 ················································································································ 3
제3절 합헌적 법률해석 ········································································································· 4
제4절 헌법의 제정 ················································································································ 9
제5절 헌법의 개정 ·············································································································· 10
제6절 헌법의 변천 ·············································································································· 17
제7절 헌법의 수호 ·············································································································· 18
제8절 대통령의 국가긴급권 ································································································ 21
Chapter 2 대한민국 헌법총설
제1절 대한민국 헌정사 ······································································································· 26
제2절 대한민국의 국가형태 ································································································ 33
제3절 대한민국의 국민과 영역 ··························································································· 34
제4절 헌법의 기본원리 ······································································································· 49
제5절 헌법의 기본제도 ······································································································· 88
PART 2 ｜ 기본권
Chapter 1 기본권 총론
제1절 기본권의 성격 ········································································································· 176
제2절 기본권의 주체 ········································································································· 177
제3절 기본권의 효력 ········································································································· 184
제4절 기본권의 보호의무 ·································································································· 186
제5절 기본권의 경합과 충돌 ···························································································· 189
제6절 기본권의 제한과 그 한계 ······················································································· 194
제7절 기본권의 침해와 구제 ····························································································· 214
Chapter 2 인간의 존엄과 가치·행복추구권·평등권
제1절 인간의 존엄과 가치·행복추구권 ············································································ 217
제2절 평등권 ···················································································································· 248
Chapter 3 자유권적 기본권
제1절 인신의 자유 ············································································································· 271
제2절 사생활의 자유 ········································································································ 332
제3절 정신의 자유 ············································································································ 362
제4절 경제의 자유 ··········································································································· 420
Chapter 4 정치적 기본권
제1절 정치적 자유권 ········································································································· 471
제2절 참정권 ····················································································································· 471
제3절 직업공무원제도 ······································································································ 482
Chapter 5 청구권적 기본권
제1절 청원권 ····················································································································· 485
제2절 재판청구권 ············································································································· 488
제3절 형사보상청구권 ······································································································ 504
제4절 국가배상청구권 ······································································································ 509
제5절 범죄피해자구조청구권 ···························································································· 520
Chapter 6 사회적 기본권
제1절 인간다운 생활을 할 권리 ······················································································· 523
제2절 교육을 받을 권리 ··································································································· 527
제3절 근로의 권리 ············································································································ 534
제4절 근로3권 ·················································································································· 538
제5절 환경권 ···················································································································· 546
제6절 혼인과 가족생활 ····································································································· 548
Chapter 7 국민의 기본적 의무 ······································································································ 552
