HOME > 상세정보

상세정보

일본의 기본적 인권의 사인간효력

일본의 기본적 인권의 사인간효력 (1회 대출)

자료유형
단행본
개인저자
이혜진, 연구책임
단체저자명
한국. 헌법재판소. 헌법재판연구원
서명 / 저자사항
일본의 기본적 인권의 사인간효력 / 헌법재판소 헌법재판연구원 [편]
발행사항
서울 :   헌법재판소 헌법재판연구원,   2017  
형태사항
iii, 76 p. ; 26 cm
총서사항
비교헌법연구 ;2017-B-4
일반주기
연구책임: 이혜진  
서지주기
참고문헌: p. 71-76
000 00000nam c2200205 c 4500
001 000045918156
005 20171027143044
007 ta
008 171018s2017 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000156-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z1 ▼c 2017.B.4a
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 일본의 기본적 인권의 사인간효력 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2017
300 ▼a iii, 76 p. ; ▼c 26 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2017-B-4
500 ▼a 연구책임: 이혜진
504 ▼a 참고문헌: p. 71-76
700 1 ▼a 이혜진, ▼e 연구책임
910 0 ▼a Republic of Korea. ▼b Constitutional Court of Korea. ▼b Constitutional Research Institute, ▼e
945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 342 2016z1 2017.B.4a 등록번호 111780192 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

Ⅰ. 서론 / 1

1. 연구의 배경 ·········································································································· 1

2. 연구의 범위 ·········································································································· 2

3. 연구의 구성 ·········································································································· 2

Ⅱ. 일본에서의 기본권의 사인간효력 논의의 의의 / 3

1. 사인간효력의 의의 ······························································································ 3

2. 일본에서의 기본적 인권 ····················································································· 5

3. 일본국헌법 조문상의 기본적 인권 ···································································· 8

가. 헌법 전문 ······································································································· 8

나. 헌법 본문 ······································································································· 9
(1) 인권총칙적 규정 ··················································································· 11
(2) 자유 및 권리, 평등 규정 ····································································· 14

Ⅲ. 일본의 사인간효력 판례 / 16

1. 미쯔비시수지 사건(三菱樹脂事件, 1973) 이전 ··············································· 16

2. 미쯔비시수지 사건 ···························································································· 17

가. 사실관계 ······································································································· 17

나. 판결내용 ······································································································· 18

다. 판결평석 ······································································································· 20

3. 미쯔비시수지 사건 이후 ··················································································· 23

가. 재학관계에서의 사인간효력 사건 ····························································· 24

나. 강제가입단체에서의 사인간효력 ······························································· 28

다. 취업규칙과 관습 등에 의한 성차별사례 ·················································· 31

라. 사인간의 인종 및 국적에 의한 차별 ························································ 37

마. 명예훼손사례 ······························································································· 41

바. 신앙의 자유의 사인간효력 ········································································· 44

사. 평화주의 조항의 사인간효력 ····································································· 47

4. 종합검토 ·············································································································· 50
(1) 사안간효력론이 등장하는 사안의 한정가능성 ········································· 50
(2) 재학관계의 경우 ·························································································· 52
(3) 민법 제90조 적용 사안 ··············································································· 52

Ⅳ. 최근의 사인간효력론 / 54

1. 종래의 논의와 문제제기 ··················································································· 54

2. 최근의 다양한 논의 ··························································································· 57

가. 기본권보호의무론 ························································································ 57
(1) 기본권보호의무의 내용 ········································································ 57
(2) 기본권보호의무과 사인간효력의 관계 ··············································· 58
(3) 기본권보호의무론의 수용근거 ····························································· 59
(4) 기존의 논의와의 차이점 ······································································ 60

나. 신무효력설 ··································································································· 60

다. 신직접효력설(헌법의 최고법규성에 의거한 합헌해석설) ······················· 62

라. 사인간효력과 ‘법의 지배’ ·········································································· 63

Ⅴ. 결어 / 66
❚참고자료 [판례 10] 보충의견 ··················································································· 69
❚참고문헌 ······················································································································· 71

관련분야 신착자료