The State Compensation System

A. Definition

The status of state compensation system in Korea

B.How to measure

The number of cases where the state made compensation
The state compensation system: A system in which the state compensates for damages caused by the violation of laws and ordinances during the execution of official duties
* The number of the filed claim and the final quotation rate for the cases that were counted by the Seoul District Compensation Council and other 14 District Compensation Councils
* Citation rate = number of citations for the year/number of cases that were handled for the year * 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 Damage Claim Objective/Process Ministry of Justice MOJ Year Book 2010 1 year

D.Interpretation

Article 28 of the Constitution of the Republic of Korea states that “In a case where a criminal suspect or an accused person who has been placed under detention is not indicted as provided by Act or is acquitted by a court, he shall be entitled to claim just compensation from the State under the conditions as prescribed by Act.” Furthermore, article 29 also indicates that “In case a person has sustained damages by an unlawful act committed by a public official in the course of official duties, he may claim just compensation from the State or public organization under the conditions as prescribed by Act.” The state has to protect the safety and welfare of the people, but if the authority is used publicly in the wrong direction, the state itself has a system to remedy and compensate through the judicial process. It is because the system of compensation for the wrongful exercise of power by the state is a basis of the democratic country. Looking at the status of the state compensation, the number of cases has increased from 2013 to 4,000 cases every year, and in 2017, it was reported that there were 4,558 cases. However, the citation rate continued to decline from 53% in 2013 to 27.4% in 2017. The increase in the number of verdicts is due to the fact that the number of incidents that require actual compensation increased or the threshold for the legal dispute of the general public could be lowered. However, in any case, the fact that the quotation rate has fallen to 20% is enough to give a negative recognition along with the recent decrease in public trust in the judiciary. The judiciary needs to deal with civil compensation judgments not only in terms of judicial principles but also in the eyes of the public, and it seems that sufficient publicity is also needed so that there is no misunderstanding about the judgment results.

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