경찰의 손실보상절차 및 그 결정에 대한 불복방법

Abstract

The Loss compensation provision was established as the revision of Act on the Performance of Police officers’s Duties(hereinafter as ‘APPD’) in 2013. That reason is to compensate on property loss happened by the lawful performance of Police officers’s duties. This revision can protect the right of people and make it possible to police officer perform his duty positively and possessively. 63) Inherently, the loss compensation transfer the special sacrifice by invasion on the right of one’s property due to the public need to the public burden. Therefore, it is a fact that there are many difficulties to quote the existing theories of the loss compensation to APPD. In this paper’s early stage, I dealt with the content that it is related to the loss compensation procedure of APPD, for example, the requirement, criterion and cash level, request method, a kind of the decision of police commissioner and etc. By the way, the applicant cannot be satisfied with a decision of police. In case the applicant disobeys a decision of police commissioner, it makes a problem whether he(she) has to quarrel in any lawsuit form. There are lots of individual laws stipulating the loss compensation but legal precedents regarding these are not unified. And there is not conformity case about the appeal method. Consequently, the way of the Party lawsuit (Parteiprozess) is most appropriate, however, I explained the related content because the possibility of the appeal litigation or civil suit remained. And in case of selecting the lawsuit type in the wrong way, I examined the action which the party and court could take. I expect a development of the loss compensation system, and wish this paper contribute to deepen the understanding of police officers and to solve the difficulties of police practical affairs.