Part 1: Fundamental Rights

Chapter 1: General Introduction to Fundamental Rights / 2
Section 1 General Fundamental Rights ········································································2
Section 2 Nature of Fundamental Rights ·······················································································2
Section 3 Fundamental Rights and Institutional Guarantees ································································2
Section 4 Subjects of Fundamental Rights ······················································································3
Section 5 Effect of Fundamental Rights ·················································································16
Section 6 Competition and Conflict of Fundamental Rights 17
Section 7 Restrictions and Limitations of Fundamental Rights ··················23
· Principle of Reservation of Law / 23 · Principle of Clarity / 24
· Principle of Prohibition of Blanket Delegation / 39 · Dispositional Law / 48
· Principle of Prohibition of Excessive Support / 50
Section 8 Violation of Fundamental Rights and Remedies 59
Section 9 Duty to Protect Fundamental Rights ...........................................................................64

Chapter 2: Human Dignity, Value, and the Right to Pursue Happiness / 72
Section 1 Human Dignity and Value ·······························································72
Section 2 The Right to Pursuit of Happiness ···········································································79

Chapter 3: Right to Equality / 98

Chapter 4: Fundamental Rights of Liberty / 132
Section 1. Freedom of the Person ·················································································132
┃Article 1┃ Right to Life / 132
Article 2: Freedom of the Body / 134
· Principle of Legality / 134 · Principle of Non-Retroactivity of Punishment / 140
· Principle of Responsibility for Punishment / 142 · Principle of Prohibition of Double Jeopardy (Double Negligence) / 149
· Prohibition of guilt by association / 154 · Principle of due process / 155
· Warrant System / 163 · Notification of Reasons for Arrest/Detention System / 172
· Arrest and Detention Review System / 172 · Right to Legal Assistance / 172
· The Presumption of Innocence / 182 · The Right to Remain Uninvited / 185
· Comprehensive Problems of Physical Freedom / 188
Section 2 Freedom of Private Life ·································································195
┃Article 1┃ Privacy and Freedom / 195
· Right to Self-Determination of Personal Information / 203
Article 2 Freedom of Residence / 217
Article 3 Freedom of Residence and Movement / 219
Article 4 Freedom of Communication / 224
Section 3 Freedom in the Realm of Mental Life ···············································································235
Article 1: Freedom of Conscience / 235
Article 2 Freedom of Religion / 246
Article 3 Freedom of the Press and Publication / 255
· Right to Know / 275
Article 4 Freedom of Assembly and Association / 281
Freedom of Assembly / 281
Freedom of Association / 295
Article 5: Freedom of Academics and the Arts / 299
Section 4 Freedom in Economic Life ················································································································303
┃Article 1┃ Property Rights / 303
Article 2 Freedom of Occupation / 336
┃Article 3┃ Consumer Rights / 364

Chapter 5: Fundamental Political Rights / 365
Section 1 General Provisions ··························································································365
Section 2. Right to Vote ·················································································································365
· National Referendum / 365
· Right to hold public office / 370

Chapter 6: Fundamental Rights of Claim / 387
Section 1 General Theory of Claim-Based Rights ·························································································································································387
Section 2 Right to Petition ····················································································································387
Section 3 Right to Request a Trial ·················································································································395
Section 4 Claims for State Compensation ·······················································································································419
Section 5 Claim for Criminal Compensation ······································································································································424
Section 6: Crime Victims' Right to Claim Relief ·················································································430

Chapter 7: Basic Social Rights / 437
Section 1 General Theory of Social Fundamental Rights ······························································437
Section 2 The Right to a Humane Life ·································································437
Section 3 Right to Education ··························································································452
Section 4 Right to Work ················································································································470
Section 5 Three Labor Rights ···················································································································478
Section 6 Environmental Rights ··········································································································488
Section 7 Guarantee of Marriage and Family Life .................................................................................. 492
Section 8 Protection of Motherhood ······························································································502
Section 9 Right to Health ·······································································································502

Chapter 8: Citizens' Fundamental Duties / 503
Chapter 9: Comprehensive Problems on Fundamental Rights / 507

Part 2 General Provisions of the Constitution

Chapter 1: Constitution and Constitutional Law / 522
Section 1 General Constitution ·······················································································································522
Section 2 Interpretation of the Constitution ·······································································································525
Section 3: Establishment, Amendment, Transformation, and Protection of the Constitution ··················································································530
· Amendment of the Constitution / 530 · Protection of the Constitution / 533

Chapter 2 General Provisions of the Constitution of the Republic of Korea 539
Section 1 Constitutional History of the Republic of Korea ·································································································539
Section 2: The State Form of the Republic of Korea ·················································································563
Section 3 Components of the Republic of Korea ··············································································563
· Citizens of the Republic of Korea / 563 · Territory of the Republic of Korea / 578
Section 4 Basic Principles of the Korean Constitution ···················································550
Article 1 of the Constitution / 583
Article 2: Principle of Popular Sovereignty / 588
Article 3: Democratic Principles / 590
Article 4: Principles of the Rule of Law / 592
┃Article 5┃ Principles of the Social State / 612
┃Article 6┃ Principles of a Cultural State / 621
Article 7: International Pacifism / 625
Article 8: Comprehensive Questions on the Basic Principles of the Constitution of the Republic of Korea / 630
Section 5 Basic Systems of the Korean Constitution ·······································································································634
┃Article 1┃ Political Party System / 634
┃Article 2┃ Electoral System / 651
┃Article 3┃ Civil Service System / 677
┃Article 4┃ Local Autonomy System / 684

Preface

This book was designed to effectively prepare students for the police recruitment exam, police officer exam, and other exams by providing them with practical, elective-based constitutional law preparation.


With the 2022 police officer and police officer candidate examination reform, the Constitutional Law subject has been added to the exam scope. Accordingly, test takers must study the Constitutional Law subject that falls under the scope of Fundamental Rights Theory and General Theory of the Constitution.

Analyzing recent trends in national exams, the proportion of questions based on theory is being minimized as much as possible, and questions tend to focus on articles and case law, especially case law.

This textbook reflects these recent trends and includes a carefully selected selection of high-quality, up-to-date problems.


This book features:


1.
We have carefully selected and included the questions necessary for our exams by analyzing various past exam questions, including police job series problems such as police recruitment, police superintendent recruitment (police officer), police promotion, and career recruitment, as well as national civil service 5th grade, national civil service 7th grade, local civil service 7th grade, Seoul Metropolitan Government 7th grade, National Assembly civil service 5th grade, National Assembly civil service 8th grade, National Assembly civil service 9th grade, court civil service 5th grade, court civil service 9th grade, bar exam, and bar exam.

2.
The above past exam questions have been arranged in the most effective way possible.
Just by studying this book, you can achieve the effect of reading the important parts of the basic book once.


3.
Important precedents and articles are bound to appear repeatedly.
However, since including all of the fingerprints would take up too much space, for the sake of learning efficiency, the fingerprints have been re-edited and included in the form of [Comprehensive Problems].

Although this textbook contains about 600 problems, it is actually effective as studying over 1,000 problems.


4.
All decisions of the Constitutional Court that have been changed or newly ruled unconstitutional and revised supplementary laws have been reflected without exception.
Accordingly, we have separately mentioned the parts where the correct answer has changed since the question was first presented due to revisions to laws and changes in precedents.

5.
We have strived to provide more accurate commentary than any other selective commentary textbook.
In particular, in the case of case law commentary, we have tried to include as much of the 'argument leading to the conclusion' as possible so that it will remain in your memory for a long time. Therefore, rather than reading the text focusing on true or false or the conclusion, we recommend that you think about the argument of the text together.

6.
To help you study while adjusting the intensity, I have marked important passages with stars, and I have marked up to three stars depending on their importance.


I've been a lawyer for 10 years now and have been teaching constitutional law for 10 years, but I still lecture and write textbooks with a constant sense of fear and trembling.


I did my best to help you on your path to becoming a police officer, and I hope that I will never be a hindrance to your lives.


I am going through each problem carefully again to check if there are any missing explanations, but if you have any questions about the textbook or any parts that are lacking, please contact me at any time at gangseongmin@naver.com.


I hope this book will help you achieve your dreams.

I sincerely hope that you will become a police officer who is truly needed in the world.


2025.
10.
18.
Attorney Kang Seong-min