아동 권리보호의 관점에서 본 국가배상책임제도의 문제점 및 개선방향 - 아동용품·시설로 인한 생명·신체 침해에 대한 국가배상법시행령을 중심으로 -

A Study on the compensations System for the Infringement of the Children's Rights in the Enforcement Ordinance of the State Redress Act

This paper deals with the duty of the State to guarantee children's safety from things and installations for young children. In this paper, I emphasize the fact that children are discriminated in the state redress Act. When children are violated their body and life by things and installations for them being under government or self-governing body control, they may claim just compensation from the State. But the enforcement ordinance of the state redress Act discriminates them for no particular reason. For instance, in the occurrence of lasting physical lesion or death, their compensations are reduced by as much as twenty percent. And, to be twenty, they may not have the right to demand compensation for the lose of labor power or life beyond medical fee and compensation. These compensations provisions are against the constitution. The constitution guarantees human dignity and worth and imposes the duty to implement policies for enhancing the welfare of children. For this reason, Government has to provide special protection for them, and guarantee them the rights of growth and development as fundamental rights. Government must get rid of a discriminatory regulation for compensations in the enforcement ordinance of the state redress Act, and estimate the practical value of childhood to be twenty and recompenses for the lose of labor power or life.