Research Report
Legal Research on Laws about Compensation for Personal Damage
Ⅰ. Backgrounds and Purposes
○ The need for comparative analysis on laws that compensate personal damage
- The purpose of legislation and the content of monetary benefits vary widely
- If reasonable equity in the interpretation and application of laws is not guaranteed, the legislative purpose itself to be achieved through compensation of damages in each individual law may be hindered.
○ The need to establish a reasonable standard for the compensation of personal damage
- By classifying according to legal standards and comparing the telegram standards of each law, legislative standards for enhancing the legal consistency of future legislation should be sought.
Ⅱ. Major Content
○ System of State Compensation
- Laws are classified according to the presence or absence of direct exercise of public power and the basis of state responsibility, and the degree of compensation varies according to the basis and degree of state responsibility.
○ Legal nature of compensation entitlement
- The right to receive compensation has a characteristic that the contents of compensation vary according to the degree of illegal activity, and the contents of compensation are determined by comprehensively considering the nature of the regulated activity and the state's financial situation.
○ Compensation for direct exercise of public power that is recognized as illegal to some extent
- It is necessary to unify the legislative purpose of the law, which deals with personal damage due to the direct exercise of public power, to restore honor, practical compensation, and stability of life.
- The compensation principle and compensation amount adjustment clause for the realization of compensation should be uniformly introduced.
- It is inconsistent with the spirit of the Constitution to delay the legislative action on actual compensation due to the national financial situation, etc. when the degree of national responsibility is severe.
○ Subrogation compensation based on the principle of risk management responsibility
- It is necessary to enact a general law on subrogation compensation based on the principle of risk management responsibility so that related issues can be governed in a consistent and uniform manner.
○ Compensation for direct exercise of public power that is recognized as legal
- The possibility of compensation for personal damage not stipulated in the relevant positive law can be secured by analogy with the loss compensation provisions of the relevant positive law.
○ Honorable treatment and support to persons of distinguished service
- The Act on honorable treatment and support is to give compensation at the level of retribution for special sacrifices suffered in the course of performing public duties
- Since various laws that fall into this category are being implemented, it is necessary to derive a consistent and unified standard through comparison of individual laws.
○ Social compensation based on risk management responsibility
- Although there is no direct exercise of public power by the state, there are laws that provide social compensation based on the principle of risk management responsibility.
- In case of the exercise of indirect public power, the principle of social compensation must respond to the request for realization.
Ⅲ. Expected Effects
○ Derivation of a model with reasonable compensation standards
- Clearly analyze the legislative purpose of each type of law and compare and analyze the content and nature of monetary benefits
○ Important guide for legislative work
- Initiate revision work on matters that are urgently needed for revision compared to that type of model law.