Ⅰ. Preface As we all know, Contents or commentaries of the state compensation law have been delt with many scholars and even published through text book and thesis etc by the jurisdictional works under the title of all matters on the state compen...
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https://www.riss.kr/link?id=A76189087
2002
Korean
360
KCI등재
학술저널
209-223(15쪽)
4
0
상세조회0
다운로드다국어 초록 (Multilingual Abstract)
Ⅰ. Preface As we all know, Contents or commentaries of the state compensation law have been delt with many scholars and even published through text book and thesis etc by the jurisdictional works under the title of all matters on the state compen...
Ⅰ. Preface
As we all know, Contents or commentaries of the state compensation law have been delt with many scholars and even published through text book and thesis etc by the jurisdictional works under the title of all matters on the state compensation system thesises collected in Jun of 1991.
Here, I'd like to discuss more the subject which has not been dealt much or still involved with many problems.
Ⅱ. The subject of state compensation.
Article 29-1, constitutional law provided for a state and local governments for the subject of compensation but the state compensation law stipulated for the state and the local governments therefore, the state compensation law, by designating as a state and local community, placed its responsibility on the illegal act on-job of official who charges in the public association(Public/social group) the public foundation and the public facilities of the public organizations for an error of the facilities controlling by them.
There were assertions that the provisions of the law was violated to the constitutional law or it should be included to the local community and the public corporations, however, of course, the past time of establishment of the law and present as well was disadvantaged when it was applying to this state compensation law, therefore a responsibility of damadge compensation of those groups were hopeful to apply civil law so that this was leagal to the constitutional law to apply with civil law.
Ⅲ. A subject on compensation.
In case that state and local governments should compensates upon a nature of when it only considers the substitutional responsibily so there is a view to be expounded that state and local governments is right of compensation.
However, a nature of it can be entirely considered to demand to the appropriate official whether it would be responsible responsible for self-reliability due to violate the duty contract between state and local governments and the related public offices. Also there is an oppinion to expound it that state and local governments would have a rights of compensation only a nature of responsibility is considered to the substitutional responsibility.
Ⅳ. Void valicity period of the state demand compensation rights.
Article 8, of the state compensation law is provided in civil law except for this law relating to the responsibility for compensation of state or local governments, but only as far as other provisions are concerned, and beside of the civil law should be followed it.
According to this, it is devided into 2years and 10 years of article number 776 of the civil law. There were an oppinions the same idea and 3 years and 3 tears separately: It is depends on a case in a judicial precedent.
I think it was proper to consider as 3 years and 5 years.
Ⅴ. Requirement for prior dicision by compensation committee
In past, to make compensation to state and local governments, first of all, applys to the local governments, and after passing through the compensation deliberation council and then applys to the civil court, however, it was amended on 29th Dec, 2000 and through the compensation deliberation council and applys it to the court without getting the dicision.
Ⅵ. A nature of period provisions.
As we all know, when the council has accepted an application of compensation, it must be decided within 4 weeks(State compensation law, 13-1) and also the case record posting is to be decided 4 weeks(Law, 13-11). These all provisions are pertaining to period of instructions, consequently, although a period of decision is over is still valid to relations of people, but only in case that other validity was provided or period-violated official internally were reprimanded is another question.
Ⅶ. Legislative theory.
As I said in front page, the phrases used in law-making in past is regretful. When it took the indispensible decision prepositionism is past, changing from t
목차 (Table of Contents)
학술지 이력
연월일 | 이력구분 | 이력상세 | 등재구분 |
---|---|---|---|
2026 | 평가예정 | 재인증평가 신청대상 (재인증) | |
2020-01-01 | 평가 | 등재학술지 유지 (재인증) | |
2017-01-01 | 평가 | 등재학술지 유지 (계속평가) | |
2013-01-01 | 평가 | 등재 1차 FAIL (등재유지) | |
2010-01-01 | 평가 | 등재학술지 유지 (등재유지) | |
2007-01-01 | 평가 | 등재학술지 선정 (등재후보2차) | |
2006-01-01 | 평가 | 등재후보 1차 PASS (등재후보1차) | |
2005-01-01 | 평가 | 등재후보학술지 유지 (등재후보1차) | |
2003-07-01 | 평가 | 등재후보학술지 선정 (신규평가) |
학술지 인용정보
기준연도 | WOS-KCI 통합IF(2년) | KCIF(2년) | KCIF(3년) |
---|---|---|---|
2016 | 1.07 | 1.07 | 1.02 |
KCIF(4년) | KCIF(5년) | 중심성지수(3년) | 즉시성지수 |
1.08 | 1.07 | 1.097 | 0.48 |