「경찰관직무집행법」상 손실보상의 적정성 검토 -비재산적법익침해에 대한 경찰보상을 중심으로-

초록

ACT ON THE PERFORMANCE OF DUTIES BY POLICE OFFICERS Article 11-2 stipulates legitimate compensation for property, life, and physical damage incurred during the performance of the police's duties, and specific details such as the standard, amount of compensation, payment procedures, and methods are stipulated in the Enforcement Decree. However, a number of problems have arisen with the application of ACT ON HONORABLE TREATMENT OF AND SUPPORT FOR PERSONS WHO DIED OR WAS INJURED FOR PUBLIC GOOD as a basis for compensation for life and physical damage specified in the Enforcement Decree. First, it is a matter related to the exercise of public power. Compensation for police losses is a form of cooperation with unilateral instructions and coercion by the police, but the compensation regulations for "rescue efforts" are applied. Secondly, it is a matter of the nature of compensation. Compensation for police losses is a remedy corresponding to damage, but the provisions of public assistance of courtesy and support are applied. Third, the Constitution only stipulates "property rights" as compensation for losses, but compensation for police losses includes "life and physical damages." From a comparative legal point of view, Germany's police law system looks similar to our law. However, specific compensation is applied through 'The right to claim compensation for sacrifice', which is substantially different from ours. First of all, a new standard for compensation for damage to life and body under the ACT ON THE PERFORMANCE OF DUTIES BY POLICE OFFICERS should be established. It is illegal to cause harm to life and body. In addition, the requirements for loss compensation and damage compensation in the recent STATE COMPENSATION ACT, a compensation regulation for illegal damage, have become similar. Therefore, it is proposed to establish a 'A committee for deliberation on compensation' for life and physical damage as a special provision of STATE COMPENSATION ACT. Ultimately, it is necessary to introduce a state-controlled legal system that compensates for damages caused by state actions without considering illegality and legality. This can help solve similar problems that arise from other laws. In addition, it will be possible to prepare a Korean-style national liability law.

키워드