추가 적립 안내

- 독자대상 : 5급 공채, 7급, 법원직, 국회사무처, 승진 준비생
- 구성 : 이론 + 문제
- 특징 :
① 중요 판례에 관한 기출문제와 예상문제 수록
② 최신 개정법률 조문 수록
③ 주요 지문의 정리와 객관식화

<제1편 헌법총론>
CHAPTER 01 헌법서론 ··················································································10
제1절 헌법의 의의와 기능 ·········································································10
제2절 헌법의 해석 ······················································································13

CHAPTER 02 헌법의 흐름 ··················································································15
제1절 헌법의제정과 개정 ···········································································15
제2절 헌법의 보장 ······················································································23

CHAPTER 03 대한민국 헌법 총론 ···································································25
제1절 헌정사 ······························································································25
제2절 국적법 ······························································································30
제3절 국가의 관련 문제 ·············································································34

CHAPTER 04 대한민국 헌법의 기본이·························································37
제1절 헌법 전문 ·························································································37
제2절 국민주권 ···························································································41
제3절 법치주의 ···························································································43
제4절 사회국가의 원리 ···············································································54
제5절 국제평화주의 ····················································································64

CHAPTER 05 제도보장 이론 ········································································71
제1절 제도보장 총론 ··················································································71
제2절 정당제도 ···························································································73
제3절 선거제도 ···························································································81
제4절 공무원제도 ·······················································································91
제5절 지방자치제도 ····················································································98
제2편 기본권

<제2편 기본권>
CHAPTER 01 기본권 총론 ···········································································116
제1절 기본권보장의 역사 ·········································································116
제2절 기본권의 주체 ················································································117
제3절 기본권의 효력 ················································································124
제4절 기본권의 갈등 ················································································126
제5절 기본권의 제한 ················································································131
제6절 기본권의 침해와 구제 ····································································137


CHAPTER 02 포괄적 기본권 ·············································································143
제1절 행복추구권 ·····················································································143
제2절 평등권 ····························································································149

CHAPTER 03 인신의 자유권 ········································································162
제1절 생명권 ····························································································162
제2절 신체의 자유 ····················································································164

CHAPTER 04 사생활의 자유권 ·········································································189
제1절 사생활의 자유 ················································································189
제2절 주거와 거주?이전의 자유 ·······························································196
제3절 통신의 자유 ····················································································198

CHAPTER 05 정신적 자유권 ············································································202
제1절 양심의 자유 ····················································································202
제2절 종교의 자유 ····················································································207
제3절 학문의 자유 ····················································································208
제4절 예술의 자유 ····················································································210
제5절 언론?출판의 자유 ···········································································212
제6절 집회?결사의 자유 ···········································································223

CHAPTER 06 경제적 자유권 ·····································································229
제1절 재산권 ····························································································229
제2절 직업의 자유 ····················································································239
제3절 소비자의 권리 ················································································244

CHAPTER 07 정치적 기본권 ·······································································245
제1절 참정권 ····························································································245
제2절 공무담임권 ·····················································································248

CHAPTER 08 청구권적 기본권 ···································································251
제1절 청원권 ····························································································251
제2절 재판청구권 ·····················································································254
제3절 국가배상청구권 ··············································································262
제4절 형사보상청구권 ··············································································264
제5절 범죄피해자구조청구권 ····································································267

CHAPTER 09 사회적 기본권 ·····································································268
제1절 인간다운 생활을 할 권리 ······························································268
제2절 교육받을 권리 ················································································270
제3절 근로의 권리, 근로3권 ····································································276
제4절 환경권 ····························································································283
제5절 혼인?보건?모성에 관한 권리 ·························································285

CHAPTER 10 국민의 기본적 의무 ···································································288

<제3편 통치구조>
CHAPTER 01 통치구조 총론 ·······································································292
제1절 대의제 ····························································································292
제2절 권력분립의 원리 ············································································294
제3절 정부형태 ·························································································295

CHAPTER 02 입법부 ·························································································297
제1절 의회주의 ·························································································297
제2절 국회의 조직 ···················································································299
제3절 국회의 운영 ···················································································305
제4절 국회의 권한 ···················································································313
제5절 국회의원의 지위와 책임 ································································342

CHAPTER 03 대통령 ·················································································350
제1절 대통령의 헌법상 지위 ····································································350
제2절 대통령의 긴급권 ·············································································356
제3절 대통령의 입법권 ·············································································365
제4절 대통령의 사법에 관한 권한 ···························································372

CHAPTER 04 행정부 ····················································································376
제1절 국무총리 ·························································································376
제2절 국무위원과 행정각부의 장 ·····························································379
제3절 자문기관 ·························································································384
제4절 감사원 ····························································································385
제5절 선거관리위원회 ···············································································390

CHAPTER 05 사법부 ····················································································393
제1절 사법권의 독립 ················································································393
제2절 법원의 조직 ····················································································399
제3절 법원의 운영 ····················································································406
제4절 법원의 권한 ····················································································409

<제4편 헌법재판소>
CHAPTER 01 헌법재판소 총론 ······································································414
CHAPTER 02 헌법재판소의 권한 ··································································423
제1절 위헌법률심판 ··················································································423
제2절 헌법소원심판 ··················································································438
제3절 권한쟁의심판 ··················································································452

머리말
Ⅰ. 기출문제의 필요성
헌법이 어렵다는 수험생들이 많습니다. 인간의 존엄이니 민주주의니 교재에 있는 상당수의 내용들이 마치 뜬구름 잡는 것처럼 뭔가 형상화 되지 않기 때문입니다. 수업을 들을 때는 이해가 되지만 수업만 끝나면 막상 무엇을 배웠는지 참 애매합니다.
이런 수험생들은 반드시 기출문제를 기본서와 함께 보는 것을 권하고 싶습니다. 사실 여러분들이 막연하게 생각하는 그 많은 추상적인 내용들이 실전 기출에서는 그렇게 많이 출제되지 않고 있기 때문입니다. 기출문제의 약 70-80%정도가 판례의 내용과 결론을 묻는 문제이기에 기출에 대한 정확한 분석이 있어야 여러분들의 공부방향도 정확하게 결정될 수 있을 것입니다.
기출문제는 단순히 문제집의 역할이 아닌 우리 수험생들에게 앞으로의 공부 방향을 제시해 주고 어떻게 공부해야 하며, 왜 이런 문제들이 출제되는지를 터득하게 하여 효율적인 공부를 할 수 있게 만들어 줍니다.

Ⅱ. 최근 헌법 기출의 흐름
(1) 유형은 단조로움
최근 2011년부터 2017년까지의 기출문제를 보면 전반적으로 출제유형 분석의 필요성은 낮습니다. 왜냐하면 복잡한 유형의 시험인 경우, 예를 들어 CASE가 많이 출제되거나 판례변형이 많거나 조합형인 경우에는 각 유형에 따른 시험 대비가 달라지겠지만, 최근 기출문제의 대부분은 선다형으로 출제되기 때문에 유형 파악에 대한 어려움은 보이지 않습니다.

(2) 역시 주류 문제는 판례
다만, 출제되는 지문의 양상을 보면 대부분 이론에서 문제되는 판례들이 주류를 이루고 있습니다. 그리고 문제가 공개되면 이의제기가 많아지는 것을 염려하여 대부분의 시험이 문제공개 이후부터는 법령 및 판례 위주로 출제되고 있어 앞으로도 판례와 법령을 다루는 문제가 90% 이상을 차지할 것으로 예상됩니다.

(3) 내용은 심화
최근 기출문제의 흐름을 보면 전반적으로 과거와 달리 많이 어려워지고 있는 추세입니다.
특히나 7급 시험의 경우 영어가 빠지는 것을 대비해서 그런지 변별력을 높이고자 시험이 어려워지고 있습니다. 거의 사법시험 수준의 지문들과 책에 물리적으로 넣기 어려운 최신 판례들이 많이 출제되고 있습니다. 또한 사법시험에서처럼 단순 판례군의 문제가 아닌 소주제별 판례군이라든지 비교정리하는 문제가 자주 출제되고 있습니다.

Ⅲ. 헌법의 고득점 비결
(1) 정리가 필수
결국 헌법에서 고득점하기 위해서는 정리를 잘 해야 합니다. 법과목중에서 가장 암기비중이
많은 헌법은 막판까지 헷갈리는 것들 때문에 오답이 나올 때가 많습니다. 따라서 막판까지 비교정리가 잘 되어 있어야만 고득점 할 수 있습니다.

(2) 관련 논점까지 모두 정리
최근 기출문제는 헷갈리는 것들 이외에도 소주제별로 기출이 많이 나오고 있습니다. 즉 신체의 자유가 아니라 동행명령이라는 소주제 또는 사생활이 아니라 개인정보보호라는 소주제들이 자주 등장하고 있습니다. 이는 사법시험에서 자주 선보이는 소주제별 판례군 문제인데요. 이를 위해서는 하나의 주제가 나왔을 때 관련 논점까지 한 번에 모두 정리하는 것이 필
요합니다.

(3) 무한 반복이 결국은 진리
객관식의 정답은 역시 무한 반복입니다. 보고 또 보고....공부에는 왕도가 없는 것처럼 열심히 하는 것 보다 더 확률높은 방법은 없을 것입니다. 조금은 힘들지만 1년만 참자라는 기분으로 최선을 다한다면 어느 순간 여러분들도 합격자라는 지위에 올라설 수 있을 것입니다.

Ⅳ. 끝맺으며
많은 기출문제집을 참조하면서 저만의 색깔을 보일 수 있는 기출문제집에 대한 고민을 많이하였습니다. 기출문제집은 단순히 문제를 해설하는 것이 아니라 과거를 읽고 미래를 예측하는 능력을 길러주어야 한다고 생각합니다. 그래야만 많은 수험생들이 쓸데없는 주제로 또 지문으로 시간을 낭비하지 않을 것이기 때문입니다. 또한 많은 문제들을 접할 수 있어야 할 것입니다. 해설이 자세한 것도 필요하지만 문제의 양이 절대적으로 부족해서는 안 될 것입니다. 부디 이 기출 문제집이 여러분들이 최종합격하는데 큰 도움이 되기를 진심으로 바라습니다.

2018년 1월 1일
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