도로의 설치ㆍ관리의 하자로 인한 손해배상책임에 관한 고찰
The Study on Damage Compensation System for Defective Road
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Nowadays the public structures, especially road and highway, have great influence on national economy. In proportion to the growing personal reliance to the public structures, the compensation of personal loss related to the establishment and management of the public structures is getting more and more important issue. Once car accident happens, it must be decided that who will compensate for the damage. In special, the accident owing to defective road situation will cause many possible problems about compensation because of the diverse interpretation of the State Tort Liability Act. There are mainly two problems in compensation. One is that "Can the loss of the accident owing to defective road be compensated for?". This will be important thing to the sufferer. The law related to this is the State Tort Liability Act Article 5, but there is no clear interpretation about that case, until now. The other is that "As the compensation of the sufferer is guaranteed by the State Tort Liability Act Article 5, what is the direct institution to have responsibility to compensate for?". In fact, when the car accident happens owing to defective road, the sufferer must go to law against somebody, but most of them don"t know who is the direct indemnifier. Therefore there are many cases that the sufferers don"t receive the reparation because of the wrong selection of a defendant. To solve this problem, the State Tort liability Act Article 6 is prescribing that not only the man who establishes and manages road and highway but also who bears the expense all have to compensate for the damage related to public structures. But this prescription has the possibility to be interpreted variously. Besides, if someone establishes and manages the road and others bear the expense, that is to say there are two groups in connection with the road, who is the final compensator? These problems will be important issue to the local self- government. Although there are many complex problems, there is still no clear solution. Therefore this thesis will consider many problems related to car accident owing to defective road, and especially investigate the interpretation of the State Tort liability Act Article 5 and 6. to find the suitable and clear solution.
Abstract
Nowadays the public structures, especially road and highway, have great influence on national economy. In proportion to the growing personal reliance to the public structures, the compensation of personal loss related to the establishment and management of the public structures is getting more and more important issue. Once car accident happens, it must be decided that who will compensate for the damage. In special, the accident owing to defective road situation will cause many possible problems about compensation because of the diverse interpretation of the State Tort Liability Act. There are mainly two problems in compensation. One is that "Can the loss of the accident owing to defective road be compensated for?". This will be important thing to the sufferer. The law related to this is the State Tort Liability Act Article 5, but there is no clear interpretation about that case, until now. The other is that "As the compensation of the sufferer is guaranteed by the State Tort Liability Act Article 5, what is the direct institution to have responsibility to compensate for?". In fact, when the car accident happens owing to defective road, the sufferer must go to law against somebody, but most of them don"t know who is the direct indemnifier. Therefore there are many cases that the sufferers don"t receive the reparation because of the wrong selection of a defendant. To solve this problem, the State Tort liability Act Article 6 is prescribing that not only the man who establishes and manages road and highway but also who bears the expense all have to compensate for the damage related to public structures. But this prescription has the possibility to be interpreted variously. Besides, if someone establishes and manages the road and others bear the expense, that is to say there are two groups in connection with the road, who is the final compensator? These problems will be important issue to the local self- government. Although there are many complex problems, there is still no clear solution. Therefore this thesis will consider many problems related to car accident owing to defective road, and especially investigate the interpretation of the State Tort liability Act Article 5 and 6. to find the suitable and clear solution.