국가배상책임의 본질 및 성립요건 재검토：「국가배상법」제2조를 중심으로

This research is to examine actively discussed point at issue among diverse issues related to the essence of the state liability of reparation and 「State Compensation Act」. With regard to this, although this research is based on the preceding researches, new opinions were presented from the new viewpoint. With regard to the nature of the state liability of reparation, its historical development process was analyzed and based on the development process, the understanding of the current legislative system and the direction of development were explored. Toward this end, the existing discussions on the nature of the state liability of reparation were divided into the normative premises and the realistic premises, and it was examined based on the normative premises. This research viewed the legal relations of the state liability of reparation as trihedral relations, and divided them into the core relation and dependent relation. This is based on the fact that the results derived from the history of the 「State Compensation Act」 that the system of the state liability of reparation has developed based on the recognition of ‘the state’s responsibility’ focusing on the causal action of ‘the public law’s administrative action.’ The research was conducted on the difference between the core relation that is the relation of ‘the state and the people’ and the dependent relation that is public officials’ internal and external responsibility. This research attempted to understand the nature of the 「State Compensation Act」 as the system of the state liability of reparation from the viewpoint of the public law. The interpretation of Article 8 of the 「State Compensation Act」 was considered so that the theory of public law can be maintained. Finally, the major arguing point of Article 2 of the 「State Compensation Act」, aims to remove the gap between the normative system and the realistic legal systems from the viewpoint of the development of the state liability of reparation system.