독일 기본법상 무과실 책임의 법리에 관한 소고

Abstract

In this study, we would like to review the jurisprudence of no-fault liability developed in the case of the German Federal Court from the perspective of a request under the constitution, and find implications for us by revealing that this trend has a basis under the constitution. In order to achieve the above research objectives, a literature research method is attempted to review books, papers, precedents, reports, and cases in Korea, Japan, and Germany on this topic. First, the theoretical background and development process of the German Federal Court on the jurisprudence of no-fault liability, It examines the views required by the principle of guaranteeing natural rights or the rule of law for the basis of national responsibility being discussed in Germany today. In Germany, regardless of the theoretical composition, a request to recognize non-fault liability for the entire national responsibility is at work from multiple basic legal grounds, and it shows a response to the request under the constitution of legality of state activities in some form. These discussions and the framework of the basic mindset in Germany, which is appropriate for the constitution, have great implications for us in the enactment of individual laws that must define national responsibility for illegal state activities in the future, and the interpretation of existing laws, Under the constitutional request of the legality of state activities, the issue of national responsibility is one of the important tasks of our public law in the future.