행정상 손실보상에 관한 헌법적 조망

Clause 3 of Article 23 of the Korean Constitution stipulates that public violation and compensation shall be governed by legislation. Therefore, if the basis for public violation is established by legislation, compensation should be made by legislation, and full compensation shall be paid. However, in Korea, the compensation system does not specify the compensation for extended domains such as public use restriction and cost of living compensation, and there are many cases where the details for compensation are insufficient. There has been theoretical discussion about what to do when there is a loophole in the structure for compensatory damages, but taking one of these positions is rather insufficient to make a practical solution to the problem. In practice, it is necessary to design and operate systems in accordance with the constitutional demands, with each country functioning in an interactive way. As such, active legislative activities that can reflect the needs of the real world in various ways, active administrative activities that complement the rule of law and fulfill the ideology of the rule of law, active judicial activity to supplement the gaps and to maintain the rights of the people through an analogical interpretation of law and new legal logic, and lastly a constitutional court are categories that require expedition and further analysis under the Korean constitution to guide them to their rightful direction. By redefining the principle of compensatory damages from a constitutional perspective, the reality of loss compensation can approximate its constitutional demands.