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@article{ART002493609},
author={OH, JUN GEN},
title={A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」},
journal={Public Land Law Review},
issn={1226-251X},
year={2019},
volume={87},
pages={549-566}

TY - JOUR
AU - OH, JUN GEN
TI - A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」
JO - Public Land Law Review
PY - 2019
VL - 87
IS - null
PB - Korean Public Land Law Association
SP - 549
EP - 566
SN - 1226-251X
AB - Article 11(2) of the revised 「Act on the Performance of Duties by Police Officers」, which took effect on June 24, 2019, contains very notable. This regulation stipulates the duty of compensation to those who have suffered losses due to the lawful execution of police officers, The requirements include both those who are not responsible for the cause of the loss of life, body or property and those who are responsible for the cause of the loss but suffer life, body or property losses exceeding their own responsibilities. The indemnification regulation under the 「Act on the Performance of Duties by Police Officers」 is subject to the police officer's legitimate conduct of the execution of legal duty. It is not based on the premise of misconduct and therefore does not fall within the realm of administrative compensation according to the 「State Compensation Act」. It does not legally inflict special sacrifice on property rights for public service and does not belong to the scope of administrative loss compensation. Therefore, it is inevitable that it will be included in the third national compensation area. The indemnification provisions stipulated in the 「Act on the Performance of Duties by Police Officers」 have many features that it is difficult to incorporate directly into any of the third national compensation areas covered in the existing administrative law textbooks. An explanation could be attempted according to the respective loss compensation requirements using the theory of “Der Enteignungsgleiche Eingriff”, “Der Enteignende Eingriff” and “Der Aufoferungsanspruch”, which are developed in the German customary law. But the above theories have a common legal tradition unique to German law, so for the Republic of Korea, it can never be enough to explain the loss compensation introduced in the 「Act on the Performance of Duties by Police Officers」. In the Republic of Korea, such customary law is not formed by precedent like in Germany and the scholars' arguments were not accepted by the court. Because the actual law specifically prescribed indemnification, discussions of administrative law should be shifted to interpretations of the actual law, not to the introduction of the customary law in Germany. This paper stems from the small wish that the Korean administrative law textbook would actively accept the changes in the actual law concerning the national compensation liability made in the third area.
KW - Act on the Performance of Duties by Police Officers;State Compensation;Indemnification;Sacrifice Compensation;Police Responsibility
DO -
UR -
ER -

OH, JUN GEN. (2019). A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」. Public Land Law Review, 87, 549-566.

OH, JUN GEN. 2019, "A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」", Public Land Law Review, vol.87, pp.549-566.

OH, JUN GEN "A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」" Public Land Law Review 87 pp.549-566 (2019) : 549.

OH, JUN GEN. A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」. 2019; 87 549-566.

OH, JUN GEN. "A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」" Public Land Law Review 87(2019) : 549-566.

OH, JUN GEN. A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」. Public Land Law Review, 87, 549-566.

OH, JUN GEN. A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」. Public Land Law Review. 2019; 87 549-566.

OH, JUN GEN. A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」. 2019; 87 549-566.

OH, JUN GEN. "A Study on the Administrative Law of the National Compensation Responsibility Changed by the 「Act on the Performance of Duties by Police Officers」" Public Land Law Review 87(2019) : 549-566.