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영어

1. Korea State Compensation Act Article 2 regulates the liability of compensation of the public officials or private persons entrusted with public duties. That is to say; (1) When public officials or private persons entrusted with public duties (hereinafter referred to as “public officials”) inflict damage on other persons by intention or negligence in performing their official duties, in violation of the provisions of Acts and subordinate statutes or when they are liable to compensate for damage under the Guarantee of Automobile Accident Compensation Act Guarantee of Automobile Accident Compensation Act, the State or local governments shall compensate for such damage under this Act: Provided, That when military personnel, civilian employees of the military, police officials or homeland reserve forces are killed, or injured in the course of performing their duties in relation to combat, training, etc., they or their bereaved family shall not claim damages under this Act and the Civil Act Civil Act, if they may receive compensation, such as disaster compensation, pension for the bereaved family, disability pension or such under other Acts and subordinate statutes.[Amended by Act No. 9803, Oct. 21, 2009]. (2) In cases of the main sentence of paragraph (1), if such damage has been caused by intention or gross negligence of a public official, the State or local governments may demand reimbursement to the relevant public official.[This Article Wholly Amended by Act No. 8897, Mar. 14, 2008].
2. A judge is one of the “public officials” in special service(State Public Officials Act Article 2). For the reason, when a judge inflict damage on other persons by intention or negligence in his decision, in violation of the provision of Acts and subordinate statutes, the State shall compensate for such damage under Korea State Compensation Act Article 2.
But because the judge's decision has specific character that are judge's independent, system of appeal, system of Res judicata, its illegelity must interpret strictly(theory of illegelity restrict). Therefore wenn judge inflicts damage on other persons by illegel intention or insincerity in performing his decision, judge's decision will be illegelity.