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학술논문외법논집2010.02 발행KCI 피인용 8

법관의 재판에서의 불법행위에 대한 국가배상책임과 법관의 책임

Unlawful act of the Judge and State Compensation Responsibility

전극수(숭실대학교)

34권 1호, 259~277쪽

초록

In State Compensation Act, When public officials inflict damages on other persons intentionally or negligently in the course of performing their official duties, in violation of the provisions of Acts, the State or local governments shall remedy damages. On the judge inflict damages on other persons in the course of judgement, by unlawful act, there is judicial immunity in Britain and the United States, there is a provision in civil act that the judge shall compensate for damages only he commits a crime on justice. But, There is not a provision to limit State compensate responsibility in State Compensation Act. According to the case, the State shall be immune from liabilities only but the judge has illegally purpose in course of justice. I do not approve to that case. The judge will be prudent, attention to be deep, must do his duty on doing justice. If the judge inflict damages on other persons intentionally or negligently and illegally, the State shall remedy damages, any limit without. And, in such case, the State may demand from the public official reimbursement when if such damage has been caused by intention or gross negligence of the judge concerned. But if such damage has been caused by slight negligence of the judge concerned, the State cannot demand from the public official reimbursement, and the damaged person cannot demand the compensation for damages to the judge by Civil Act.

Abstract

In State Compensation Act, When public officials inflict damages on other persons intentionally or negligently in the course of performing their official duties, in violation of the provisions of Acts, the State or local governments shall remedy damages. On the judge inflict damages on other persons in the course of judgement, by unlawful act, there is judicial immunity in Britain and the United States, there is a provision in civil act that the judge shall compensate for damages only he commits a crime on justice. But, There is not a provision to limit State compensate responsibility in State Compensation Act. According to the case, the State shall be immune from liabilities only but the judge has illegally purpose in course of justice. I do not approve to that case. The judge will be prudent, attention to be deep, must do his duty on doing justice. If the judge inflict damages on other persons intentionally or negligently and illegally, the State shall remedy damages, any limit without. And, in such case, the State may demand from the public official reimbursement when if such damage has been caused by intention or gross negligence of the judge concerned. But if such damage has been caused by slight negligence of the judge concerned, the State cannot demand from the public official reimbursement, and the damaged person cannot demand the compensation for damages to the judge by Civil Act.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17257/hufslr.2010.34.1.259
분류:
법학

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법관의 재판에서의 불법행위에 대한 국가배상책임과 법관의 책임 | 외법논집 2010 | AskLaw | 애스크로 AI