@article{ART001373375},
author={김민섭},
title={A Study on Unification in the System of State Liability Law},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={45},
pages={383-406}
TY - JOUR
AU - 김민섭
TI - A Study on Unification in the System of State Liability Law
JO - Public Land Law Review
PY - 2009
VL - 45
IS - null
PB - Korean Public Land Law Association
SP - 383
EP - 406
SN - 1226-251X
AB - Today, the administrative sections that related with the rights and duties of people have grown gradually because of the expansion and diversity of the administrative working. However, only with the existing administrative relief system that is a dualistic system of the state tort liability act and the compensation can not protect all of the people's rights and profits but there is no appropriate complement method. To embody constitutional principle of equality or to disperse danger, proper solution should be ready, but there is not.
In Tese days, there is a discussion about unification in the system of state liability law and the critical opinion about it.
In case of people's loss of property due to administrative working, as we have considered that there are loss compensation system by legal act and the administrative compensation for damages system by illegal act in Korean Law. However, in these days, the tendency to unify two law systems to make up theweak point of the system of state liability law has been growing.
However, there is critical opinion about this. Especially s theory of state responsibility which is proposed after s discussion of unification in the system of state liability law in Germany is most typical opinion. Therefore, this issue is considered at this .
From now on, to practice theory in interpreting and de lege ferenda that can complement the fault of our system of state liability, it is necessary to practice the abstract foundation which is investigated in this thesis.
KW - 국가배상제도(System of the state tort liability);행정상 손실보상제도(System of compensation);국가책임제도의 일원화(Unification in the system of state liability law);국가책임법제의 간극(Deficiency in the sysrem of state liabikity law);법치국가적 국가책임론(State tort liability theory of law-governed country)
DO -
UR -
ER -
김민섭. (2009). A Study on Unification in the System of State Liability Law. Public Land Law Review, 45, 383-406.
김민섭. 2009, "A Study on Unification in the System of State Liability Law", Public Land Law Review, vol.45, pp.383-406.
김민섭 "A Study on Unification in the System of State Liability Law" Public Land Law Review 45 pp.383-406 (2009) : 383.
김민섭. A Study on Unification in the System of State Liability Law. 2009; 45 383-406.
김민섭. "A Study on Unification in the System of State Liability Law" Public Land Law Review 45(2009) : 383-406.
김민섭. A Study on Unification in the System of State Liability Law. Public Land Law Review, 45, 383-406.
김민섭. A Study on Unification in the System of State Liability Law. Public Land Law Review. 2009; 45 383-406.
김민섭. A Study on Unification in the System of State Liability Law. 2009; 45 383-406.
김민섭. "A Study on Unification in the System of State Liability Law" Public Land Law Review 45(2009) : 383-406.
