國家賠償法 制5條에 關한 小考

Abstract

The state does administrative act. However, the state can infringe of the rights of the individual by means of illegal act. In this illegal act, people can claim administrative litigation, reparation by the state against the state. This is the system that administrative remedies, and this system prevents to the unreasonable and illegal administrative action. This act is an administrative relief law and these system are administrative relief system. In the modern constitutionalization state, rights of individuals and private property was guaranteed. This is guaranteed justly in the essential constitutionalism state. Today, relief of the private law and public law were increased interdependence relationship. Because,new responsible ethics was need. Also, the State Compensation Liability is letting in it. Our country is providing the country’s State Compensation Liability Article 2 and Article 5 stipulates. In other words,Article 2 of civil liability due to intent or negligence, Article 5 on the road⋅rivers public structures due to defects in the installation or administrative regulations are liable. The State Compensation Act 5 (1) is that, in case any damage has been inflicted on another person due to defective construction or management of road, river or any other public structures, the State or local governments shall redress such damage. The provisions of the proviso of article 2 (2) and articles 3and 3∼2 shall apply mutatis mutandis to this case. In this paper, I investigated of problem and improvement program of the State Compensation Act article 5 in the conception of the public structures, responsibility, burden of proof of flaw, responsibility of risk etc.