earticle

영어

The public institution from the state or local governments is available for our convenience, meanwhile damages are often occured. Ensuring the rights of the damage compensation is the basic principle of the constitutional state. The most complete form of the constitutional state is established by carrying through the system of protection of the rights and double-edged sword of the law should be judged. When we violate the law, we will be punished and when government agencies violate the rights and interests of individuals, the compensation is needed of course. Claim for damages is increasing as frequently occurring accident caused by defects of the various public institution. 1 of Article 29 of the Constitution regulates National liability due to illegal acts of officials, also in Article 2 , Article 5 of the State Compensation. Article 758 of the Civil Code stipulates the liability of the occupier or owner of the workpiece. On the perspective which damage compensation must be gurateed unless personal reasons attributable, this paper is a
study of Article 5 of the State Compensation, the liability of the state or local government due to defects in the public institution. This paper also researches legal concepts and criteria of the public institution, installation management, reparations, claims procedure, the type of road and transportation facilities of public institution in Seoul, judicial precedent of Korea and Japan and presents some efficient improvements.