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A Study on Unification in the System of State Liability Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 45(), pp.383-406
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김민섭 1

1국민대학교

Accredited

ABSTRACT

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.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.