@article{ART001317914},
author={Kim Ki Jin},
title={The Study on the Theory of Risk Liability},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={43},
number={2},
pages={341-360}
TY - JOUR
AU - Kim Ki Jin
TI - The Study on the Theory of Risk Liability
JO - Public Land Law Review
PY - 2009
VL - 43
IS - 2
PB - Korean Public Land Law Association
SP - 341
EP - 360
SN - 1226-251X
AB - The theory of risk liability is one of absolute liability and it derived from originally private law sphere. In public law sphere the theory of risk liability is important because there is defect which is not covered in present state compensation for damage system.
Therefore in case that neglecting state compensation for damage because of defect of written law, the right of citizen is encroached and the principle of substantial rule of law becomes groundless.
The theory of risk liability in public law sphere should be estimated affirmative for the right of citizen and the principle of substantial rule of law and it requires ultimately the solution by legislation.
And it should be urgently required the acknowledgment of the theory of risk liability for the complement of the defect of present state compensation for damage system.
Then the right of citizen shall be enlarged and the principle of substantial rule of law shall be established.
KW - 위험책임(theory of risk liability);무과실책임(absolute liability);손해전보제도(compensation for damage);사법(private law);국가배상(state compensation)
DO -
UR -
ER -
Kim Ki Jin. (2009). The Study on the Theory of Risk Liability. Public Land Law Review, 43(2), 341-360.
Kim Ki Jin. 2009, "The Study on the Theory of Risk Liability", Public Land Law Review, vol.43, no.2 pp.341-360.
Kim Ki Jin "The Study on the Theory of Risk Liability" Public Land Law Review 43.2 pp.341-360 (2009) : 341.
Kim Ki Jin. The Study on the Theory of Risk Liability. 2009; 43(2), 341-360.
Kim Ki Jin. "The Study on the Theory of Risk Liability" Public Land Law Review 43, no.2 (2009) : 341-360.
Kim Ki Jin. The Study on the Theory of Risk Liability. Public Land Law Review, 43(2), 341-360.
Kim Ki Jin. The Study on the Theory of Risk Liability. Public Land Law Review. 2009; 43(2) 341-360.
Kim Ki Jin. The Study on the Theory of Risk Liability. 2009; 43(2), 341-360.
Kim Ki Jin. "The Study on the Theory of Risk Liability" Public Land Law Review 43, no.2 (2009) : 341-360.
