Earticle

초록

영어

1. Korea State Compensation Act Article 2 regulates the liability of compensation of the public officials or private persons entrusted with public duties. That is to say; (1) When public officials or private persons entrusted with public duties (hereinafter referred to as “public officials”) inflict damage on other persons by intention or negligence in performing their official duties, in violation of the provisions of Acts and subordinate statutes or when they are liable to compensate for damage under the Guarantee of Automobile Accident Compensation Act Guarantee of Automobile Accident Compensation Act, the State or local governments shall compensate for such damage under this Act: Provided, That when military personnel, civilian employees of the military, police officials or homeland reserve forces are killed, or injured in the course of performing their duties in relation to combat, training, etc., they or their bereaved family shall not claim damages under this Act and the Civil Act Civil Act, if they may receive compensation, such as disaster compensation, pension for the bereaved family, disability pension or such under other Acts and subordinate statutes.[Amended by Act No. 9803, Oct. 21, 2009]. (2) In cases of the main sentence of paragraph (1), if such damage has been caused by intention or gross negligence of a public official, the State or local governments may demand reimbursement to the relevant public official.[This Article Wholly Amended by Act No. 8897, Mar. 14, 2008].
2. A judge is one of the “public officials” in special service(State Public Officials Act Article 2). For the reason, when a judge inflict damage on other persons by intention or negligence in his decision, in violation of the provision of Acts and subordinate statutes, the State shall compensate for such damage under Korea State Compensation Act Article 2.
But because the judge's decision has specific character that are judge's independent, system of appeal, system of Res judicata, its illegelity must interpret strictly(theory of illegelity restrict). Therefore wenn judge inflicts damage on other persons by illegel intention or insincerity in performing his decision, judge's decision will be illegelity.

목차

I. 서론
  1. 국가배상책임에 대한 명문규정
  2. 국가배상법상의 공무원의 의미
  3. 문제의 제기
 II. 법관의 재판에 대한 국가배상책임의 인정 여부
  1. 서
  2. 국가배상책임을 부정하는 입장
  3. 국가배상책임을 제한적으로 긍정하는 입장
  4. 국가배상책임을 긍정하는 입장
  5. 소결
 Ⅲ. 법관의 재판에 대한 국가배상책임의 인정요건인 위법성의 판단기준
  1. 서
  2. 결과위법설
  3. 직무행위기준설
  4. 위법성 한정설
  5. 소결
 Ⅳ. 결론
  1. 특별규정의 마련
  2. 민사판결과 형사판결의 구별
  3. 패소판결과 파기판결의 구별
 참고문헌
 

키워드

저자

• 강수경 [ Kang, Su-Kyoung | 덕성여자대학교 법학과 교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340