국가배상법 제2조 제1항과 자동차 손해배상보장법 제3조의 통합적 해석에 관한 연구

Abstract

In Korea, to protect the victims of automobile accidents, the Law on Guarantee Of Compensation For Loss Caused By Automobile Accidents was legislated to ensure that damages in the amounts of above a certain level were recoverable through insurance. Also, the general conditions and the subject of the person who would compensate damages (under the Article 750 of the Korean Civil Code) were amended so that the person who caused the accident had the burden to prove that he/she was not at fault. This provides further protection for the victim. (See Article 3 of the Law on Guarantee Of Compensation For Loss Caused By Automobile Accidents). In cases where civil servants or persons performing a public duty cause personal injuries in an automobile accident which leads to compensation from the government, in the past there was no statute which was on point, and thus the Law on Guarantee Of Compensation For Loss Caused By Automobile Accidents controlled. However, in 1980, an amendment to the Government Compensation Law was amended to allow compensation in these cases. (See Article 2 of the Government Compensation Law). This article analyzes the complications associated with the amendment of the Government Compensation Law and proposes to suggest changes in the legislative area.