국가배상책임의 성질과 책임의 주체

The Nature of the State Compensation and the Responsible Subjects

The first Article of the twenty-ninth in the Korean Constitutional Law prescribed as follows : If any citizen is injured by unlawful act committed by a public official in the exercise of public office, he/she may claim just reparation against the State or public organization under the conditions as prescribed by Act. In this case, the public official concerned shall not be immune from liabilities. And this State Compensation System have been concretized by enacting and enforcing of the State Compensation Act. Concerning this claim to the state compensation, theories and cases are opposed to each other if the State Compensation Act is a public law or a private law and if the state compensation responsibility is a substitute responsibility or a self responsibility of State and if the person responsibility for the state compensation is State or a public officer and if the person responsibility for the state compensation is a public officer together State. Some scholar don't keep up coherence Concerning this problems. Even, Our Supreme Court have consistently treated the state compensation suit by civil suit. But the treatment method of the state compensation suit is confronted between the scholars whether administrative suit or not civil suit. Before handling the problems concerning whether the State Compensation Act is a public law or a civil law, whether the state compensation responsibility is the substitute responsibility or the self responsibility of State, whether the person responsibility for the state compensation is a State or a public officer and whether the treatment method of the state compensation responsibility is a civil suit or a administrative suit, the present writer want to definite the nature of the state compensation responsibility and after that, I will want to settle the points at issue of the State Compensation Act, in basis of the nature of the stater compensation responsibility. This method is keep up a logical coherence in the Sate Compensation Act. For grasping the nature of the state compensation responsibility in our nation, I think that is preceded to survey the state compensation system of the main nations that early enforcing the state compensation system than korea, that is preceded to inquiry in what this main nations have grasp the state compensation responsibility. Therefore, I want to survey the nature of the state compensation responsibility and the points at issue on the State Compensation Act, after generally survey the state compensation system of the main nations in this thesis.