조작간첩사건과 법원의 판결에 대한 국가배상청구 가능성

Fabricated Spy Cases and the State Compensation

&nbsp;&nbsp;The Government shall compensate for the damages caused by civil servants including judges. Even though the judges shall not be removed from office except by impeachment or a sentence of imprisonment without prison labor or heavier punishment, nor shall he or she be suspended from office, have his salary reduced or suffer any other unfavorable treatment except by disciplinary action, he or she shall not be exempted from the state compensation liability.<BR>&nbsp;&nbsp;There have been several fabricated spy cases under the authoritarian rule, especially during the period of 1961-1987. They aimed to stimulate the red complex and to intimidate the Korean people. Those cases were fabricated by torture, illegal detention, violence and threats. They completed the fabrication by the judgement of the court judges.<BR>&nbsp;&nbsp;Article 103 of the Korean Constitution provides that the judges shall rule independently according to their conscience and in conformity with the Constitution and Act. If the judges gave a misjudged decision intentionally or by result of the threat of the government, the state shall be liable for the imprisonment or execution and shall compensate for the damages.