State Litigation

A. Definition

The number of cases in which the state prevails and loses and the ratio

B.How to measure

Win Rate (%) = Number of winning events in the year / Number of confirmed events in the year x 100
Loss Rate (%) = Number of cases losing in the year / Number of cases confirmed in the year x 100

C. Features and Sources

Category Sub-Category Sub-Subcategory Type of Indicator Reference Data Sources First year data available Frequency
Right to Freedom Administrative/Judicial Justice Right to a Fair Trial Objective/Process Public Prosecutors’ Office State Litigation Statistics 2000 1year

D.Interpretation

The right to a fair trial is basically the right to a fair trial of a criminal defendant and includes the right to a trial, subject to personal treatment, and the prerogative to fully exercise all of his/her defense rights. The Universal Declaration of Human Rights also ensure the right to a fair trial. According to the Article 10, “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”.
The state has a duty to protect the rights of the people first, but paradoxically, the rights of the people are the easiest subject to be infringed by the power of public influence. Therefore, it is necessary to ensure fair means for innocent citizens to receive remedial treatment by the state when the rights of people are violated, in order to maintain a basic legal justice system. State lawsuits have steadily increased since 2010, reaching a peak of 14,874 in 2015. This is in line with the rapid increase in the number of cases in which the state (the Ministry of Health and Welfare) filed lawsuits in 2015 against illegal beneficiaries of disabled LPG vehicle subsidies.
Currently, the winning rate and the loss rate are 35-45% and 10-15%, respectively, with no significant change. Among the victims of legal disputes, the state is one of the most difficult organizations to cope with. Additionally, as the state is an agency that encompasses administrative and judicial systems, it should be treated as fairly as possible through fair judgment so that individuals are not penalized in the process.

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