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KMID : 0615219820070010151
Journal of Kwangju Health
1982 Volume.7 No. 1 p.151 ~ p.178
A Study on the Adiministrative Compensation for Damages in our Country
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Abstract
When private individuals are suffered damage by a nation¢¥s and a private institution¢¥s operation without private individual¢¥s blame, it is a matter of course that, in view of the principle of justice and equity, a nation and a public institution should pay for damages.
This dissertation contains following contents. That is to say, the administrative compensation for damages is that, in such a case that, due to an official¢¥s illegal act and a fault of undertaking and equipment which a nation and a public institution manage and run, private individuals are suffered damages, a nation and a public institution should pay for damages.
Such an adiministrative compensation for damages is based on modern individualistic thought and is on the basis of individual and morals ense of responsibility.
But the system of compensation for damages is different from that of indemnity for losses which grow into the realization of fundamental principle,-social and balanced responsibility, -on the basis of collectivistic thought.
But in recent time, under the close connection with the operation of a nation and a public institution, not only do both systems pay for damages occurring in private individuals, but also is there growing tendency that they are harmonized with grand scale of enterprise and magnification of national function.
In our country, both systems are devided in the positive law.
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