경찰작용에서의 손실보상- 경찰관직무집행법 적용 실제에서의 몇 가지 쟁점과 입법적 보완에 대한 소고 -

The actions of the police, which cope with crime, protect the public from danger and frequently require the use of force at the scene, come with a high likelihood of property damage or injury to the other party or a third party. In such circumstances an effective remedy for the victim is required, one of which is the loss compensation system. The Police Officer's Duty Execution Act stipulates the state's compensation for property losses due to the legitimate execution of police officers by the renewal of Article 11-2 in 2013. By specifying the state's liability for compensation for loss due to police action and operating the Loss Compensation Review Committee system, the victim can be quickly and easily compensated for property damage, and the police officer can actively carry out their legitimate duties by efficiently resolving the complaints demanding compensation from individuals. In this regard, it is very positive that the operation of the loss compensation system has been established by clear regulations. However, in the actual operation of the loss compensation system there are controversies about the interpretation and application of the statute, with some sections which appear to require supplementation. The purpose of this paper is to ensure the correct relief of the damage and the legitimate execution of the duties of the police. In this paper we discuss the major issues in the interpretation of compensation requirements and the application of the law in accordance with Article 11-2 of the Police Officer's Duty Execution Act. The actual cases of compensation that appear in the "Casebook for Dismissal of Loss Compensation" etc. are reviewed for this discussion.