추가 적립 안내

[ Part 1 헌법총론 ]

1. 대한민국 헌법사 ································································································ 3
제01절 헌법의 제정과 개정 ····················································································· 3
제1항 헌법의 제정과정과 제헌헌법 / 3 제2항 헌법의 개정과정 / 5
제02절 다각도의 비교 ·························································································· 16
제1항 개헌별 헌정사 요지 / 16 제2항 사항별 헌정사 요지 / 18
제3항 개헌의 ‘절차’ 또는 ‘내용’의 위헌 사항 / 22
2. 헌법의 의의와 특성 및 해석 ·············································································· 23
제01절 헌법의 다양한 의미와 그 비교 ···································································· 23
제02절 헌법의 특성 ····························································································· 26
제03절 헌법의 해석과 법률의 합헌적 해석 ······························································ 27
3. 헌법의 제정·변천·개정 ······················································································ 31
제01절 헌법의 제정 ····························································································· 31
제02절 헌법의 변천 ····························································································· 33
제03절 헌법의 개정 ····························································································· 35
4. 헌법수호제도 ··································································································· 41
제01절 헌법수호제도의 분류 ················································································· 41
제02절 국가긴급권 ······························································································· 42
제03절 저항권 ····································································································· 44
제04절 방어적 민주주의 ······················································································· 46
5. 헌법전문 ········································································································· 49
6. 국가형태와 그 구성요소 ···················································································· 51
제1항 대한민국의 국가형태 / 51 제2항 국가형태 / 52
제3항 국적과 재외국민 보호의무 / 54 제4항 영토조항과 평화통일주의 / 59
7. 대한민국의 기본원리 ························································································ 66
제01절 민주국가원리 ···························································································· 66
제02절 국민주권원리 ···························································································· 70
제03절 법치국가원리 ···························································································· 74
제04절 사회국가원리 ···························································································· 78
제05절 문화국가원리 ···························································································· 84
8. 대한민국의 기본질서 ························································································ 85
제01절 민주적 기본질서 ······················································································· 85
제02절 국제질서 ·································································································· 88
제03절 사회적 시장경제질서 ················································································· 94
9. 대한민국의 기본제도 ························································································ 99
제01절 기본권과 제도 ·························································································· 99
제02절 제도적 보장 ··························································································· 103
제03절 공무원제도 ····························································································· 106
제04절 정당제도 ································································································ 108
제1항 연 혁 / 108 제2항 정당의 지위와 성격 및 권리와 의무 / 110
제3항 정당의 조직과 소멸 / 113 제4항 위헌정당해산제도 / 116
제05절 선거제도 ································································································ 124
제1항 선거인과 대의기관과의 관계 / 124 제2항 선거의 5대원칙 / 124
제3항 선거의 종류 / 127 제4항 투표제와 대표제 및 선거구제 / 128
제5항 한국의 선거제도 / 134 제6항 선거관련 쟁송제도 / 144
제7항 당선무효와 재정신청제도 / 146
제06절 지방자치제도 ·························································································· 149
제1항 개 관 / 149 제2항 지방자치단체의 사무와 그 기관 / 152
제3항 지방의회와 단체장의 권한과 그에 대한 통제 / 156 제4항 주민의 권리 / 159
제07절 혼인·가족제도, 모성보호제도, 보건제도 ······················································ 163
제1항 존엄·평등에 기초한 혼인·가족제도 / 163 제2항 모성보호제도 / 164
제3항 보건제도 / 165

[ Part 2 국민의 권리와 의무 ]

1. 기본권 총론 ·································································································· 169
제01절 인권 또는 기본권의 정립과 그 본질 및 발전 ·············································· 169
제1항 인권 또는 기본권의 정립과정과 그 본질론 / 169
제2항 인권의 발전과 연대권 / 177
제02절 기본권의 주체 ························································································ 179
제1항 기본권의 능력과 행사능력 / 179
제2항 수정란과 태아의 기본권 주체성 인정여부 / 180
제3항 외국인의 기본권 주체 인정여부와 그 인정범위 / 181
제4항 법인의 기본권 주체 인정여부와 그 인정범위 / 184
제5항 공무원의 양면적 지위와 기본권 주체의 인정여부 / 186
제6항 국가와 지방자치단체의 기본권 주체의 인정여부 / 187
제03절 기본권의 효력(구속력·강제력) ··································································· 189
제1항 기본권의 대국가효와 대사인효 / 189 제2항 기본권의 갈등과 그 해결 / 195
제04절 기본권의 한계와 제한 ·············································································· 207
제1항 개 관 / 207 제2항 기본권의 내재적 한계 / 208
제3항 기본권 제한의 유형 / 211 제4항 기본권 제한의 일반원리 / 215
제5항 법률유보의 예외 / 221
제05절 기본권의 보호(침해와 구제) ······································································ 225
제1항 개 관 / 225 제2항 입법기관에 의한 기본권의 침해와 구제 / 226
제3항 집행기관에 의한 기본권의 침해와 구제 / 231
제4항 사법기관에 의한 기본권의 침해와 구제 / 234
제5항 사인(私人)에 의한 기본권의 침해와 그 구제 / 236
제6항 국민권익위원회와 국가인권위원회에 의한 구제 / 238
제7항 기본권보호의 최후수단으로서의 저항권에 의한 구제 / 239
2. 기본권 각론 ·································································································· 240
제01절 포괄적 기본권 ························································································ 240
제1항 인간존엄권과 행복추구권 / 240 제2항 평등원칙과 평등권 / 251
제02절 자유권 ··································································································· 258
제1항 인신(人身. 身體)의 자유 / 258
제2항 소급입법에 의한 참정권 제한 및 재산권 박탈 금지 / 284
제3항 경제적 영역의 자유 / 285 제4항 사생활영역의 자유 / 290
제5항 정신적 자유 / 307
제03절 재산권 ··································································································· 342
제1항 재산권의 보장 / 342 제2항 재산권의 헌법적 의무 및 한계 / 343
제3항 재산권의 공용제한과 정당보상 / 347 제4항 재산권 규정의 특성 / 352
제04절 참정권 ··································································································· 353
제1항 선거권 / 353 제2항 공무담임권 / 353 제3항 국민투표권 / 354
제4항 주민투표권 등 지방자치참정권 / 354
제05절 청구권 ··································································································· 355
제1항 청원권 / 355 제2항 재판청구권 / 357 제3항 형사보상청구권 / 363
제4항 국가배상청구권 / 367 제5항 범죄피해자구조청구권 / 374
제06절 사회권 ··································································································· 379
제1항 인간다운 생활권 / 379 제2항 교육을 받을 권리 / 381
제3항 근로의 권리 / 385 제4항 근로3권 / 388
제5항 존엄·평등한 혼인·가족제 보장받을 권리/모성 보호 받을 권리/보건권 / 392
제07절 연대권 ··································································································· 395
제1항 환경권 / 395 제2항 소비자의 권리 / 399
3. 국민의 기본적 의무 ························································································ 402

[ 부 록 ]

Ⅰ. 빈출 숫자(頻出 數字) ···················································································· 407
Ⅱ. 대한민국 헌법재판제도의 개관 ········································································ 409
제1항 헌법재판의 부호·제목·주문의 표기 / 411
제2항 현행법상 헌법재판소권한의 개관과 그 쟁점 / 412
제3항 위헌법률심판·위헌소원심판·헌법소원심판의 절차 / 414
Ⅲ. 대한민국헌법 ································································································ 416
◈ 참고문헌 ······································································································· 428

[서 문 ]

하나, 마스터경찰헌법을 집필하면서…

경찰공무원 필기시험과목이 조정되어 2022년부터 헌법과목이 포함되었다. 다만, 헌법학의 세 part 중, 「헌법총론」과 「국민의 권리와 의무(기본권)」부분만 포함되고 「통치구조(국회, 대통령과 행정부, 법원과 헌법재판소, 감사원, 선거관리위원회)」 부분은 제외되었다.
따라서 본서에서도 「헌법총론」과 「기본권」의 두 part만 수록하였다. 다만, 부록 Ⅰ 「빈출 숫자(頻出 數字)」, 부록 Ⅱ 「헌법재판제도의 개관」 그리고 부록 Ⅲ 「대한민국 헌법」의 전문(全文)을 첨부하였다.

본서(本書)는 ‘수험서’이므로 학문서도 아니고 수험서도 아닌 중간지대를 걷는 우(愚)를 범하지 않도록 세심한 고민과 반문을 하여 출제영역 밖의 사항들은 과감히 배제하고 실제 시험에 적용될 내용만을 엄선하였다.
그렇지만 경찰공무원 헌법시험을 대비함에 있어서는 이 한 권으로 “조문·이론·판례”의 유기적인 체계를 정립할 수 있는 ‘기본교재(기본서)’로서의 역할을 다할 수 있도록 그 내용을 충실히 다졌다. 특히, 출제 가능한 영역 중 빈출(頻出)되면서도 난해한 사항에 대해서는 의문의 소지를 충분히 해소할 수 있을 만큼 명쾌하고 심도 있게 설명하였다.

둘, 편제(編制)의 특징과 주안점

제1편 「헌법총론」 중 제1장 「대한민국 헌법사」에서는 빈출되는 헌법사의 핵심을 전체적으로 축약 정리하고, 이어서 다각도의 관점에서 재차 비교하여 반복학습은 물론, 다양한 수험경향에 대처할 수 있도록 하였다.
제1편 제2장부터 제9장까지는 「헌법의 의의·개정·수호·국가와 국민 그리고 한국헌법의 기본원리·질서·제도」에 대하여, 제2편 「국민의 권리와 의무」 중 제1장은 「기본권 총론」, 제2장은 「기본권 각론」, 제3장은 「기본적 의무」에 대하여 “조문·이론·판례”의 유기적인 상관관계를 삼위일체식으로 서술하였다.

이 책 본문 중의 모든 제목들은 하나하나가 당해 사항의 핵심을 탐지(探知)·간파(看破)할 수 있도록 그 정수리에 해당하는 것을 압축하여 붙였다. 또한 본문 전(全) 부분의 ‘keyword’를 하나하나 지정하여 밑줄표기를 함으로써 반복 숙지한 독자들로 하여금, 시험 직전에 ‘목차’와 ‘keyword’만을 짚으면서 최단시간에 마지막 최종단계의 학습정리를 용이하게 할 수 있도록 세심한 배려를 하였다. 이는 또한 수강 중에 밑줄 등의 표기를 하여야 한다는 부담감에서 해방되어 오로지 강의에 온 집중을 쏟을 수 있도록 유도하려는 의도도 크다.

한편, 부록 Ⅰ의 「빈출 숫자(頻出 數字)」에서는 자주 출제되는 중요한 “기간(期間)·기한(期限)·시기(始期) 등”과 “기준·연령 등 그 밖의 각종 숫자”에 대하여 정리하고 있는바, 이들은 반드시 숙지하고 응시할 것을 당부드린다.

부록 Ⅱ의 「헌법재판제도의 개관」은 통치구조에 속하므로 직접 시험범위에 포함되지는 않지만, 오늘날 법학과목시험출제의 거의 대부분이 판례에 대한 것이며, 헌법과목에서는 특히 헌법재판소의 판례가 거의 대다수를 차지한다. 그러므로 헌법재판제도의 개략적인 흐름을 가늠하고 그 결정형식의 의미를 최소한으로나마 이해하고 있어야만 헌법재판소의 판례를 제대로 이해할 수 있기 때문에 그 개략적인 흐름을 도식적으로 설명하고 주문의 의미 등 최소한의 이해를 돕기 위하여 필요한 사항들을 함께 수록하였다.

부록 Ⅲ의 「대한민국 헌법」은 그 전문(全文)을 수록하였다. 이들 중 「헌법총론」에 해당하는 조문들은 “전문(前文), 제1조~제9조, 제114조~제116조, 제117조~제118조, 제119조~제127조, 제128조~제130조”이며, 그리고 「국민의 권리와 의무」에 해당하는 조문들은 “제10조~제39조”이다. 한편, “제40조~제113조”의 조문들은 「통치구조」에 대한 규정들이며, 이들은 비록 직접적으로 출제되지는 않을 지라도 관련 사항에서 참조하기 바란다.

본서에서는 각 사항마다 관련되는 헌법조문들을 적시하고 출제될 ‘keyword’를 밑줄로써 표기하는 한편, 틀린 문항으로 출제될 경우의 수를 모두 ‘×’의 형태로 지적하였으므로 이를 반복하여 숙지한 후 응시할 것을 당부드린다.
아울러 본서를 마스터경찰헌법 「판례」와 연계하여 학습하고 「1000제」를 통하여 실전적응력(實戰適應力)을 연마한 후, 「최종정리」로서 마무리를 한다면 충분히 고득점을 확보할 수 있을 것을 확신한다.

모든 방법은 성실(誠實)을 전제하지 않으면 의미가 없는바, 돌탑을 쌓는 겸허한 자세로 진지하게 수험에 임한다면 이루고자 하는 바를 꼭 이루게 될 것이며, 이들 마스터경찰헌법 시리즈는 그 여정에 있어 충실한 길라잡이가 되리라고 감히 확신한다.
필자 송 재필 올림