국가 행정측면에서의 보상체계의 구분과 예방접종사고보상의 법률관계

Vaccination is the most secure measure, but by biological trait of vaccine, after vaccination abnormal condition occur. So vaccination compensation is very important legal issue. For a legal approach to compensation for vaccination trouble, method by damage complement system is more adequate than by social recompense system. In case that compensation provision in statutes exit, compensation should obey the statute. It is important in case of compensation provision non-existence in statutes. In this case, there are many opinions about compensation for vaccination trouble, in one opinion compensation is impossible because compensation provision for a non-property loss does not existent in Constitutional Law and can not analogize compensation provision for a property loss does. But this opinion is not adequate because non-property loss is more value than property loss. And In Constitutional Law Clause 37, Art. 1, provide as follows: "Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution. So, should not ignore because of non-existence in Constitutional Law. New claim as legal principle compensation for a non-property loss is sacrifice compensation principle (Aufoperungsanspruch in German) In conclusion, for example vaccination trouble, non-property loss should compensate by sacrifice compensation principle (Aufoperungsanspruch in German) or by analogical application of compensation provision for a property loss. And in scope of compensation, should include consolation money-mental damages