경찰관직무집행법상 손실보상제도의 법적 성격과 입법적 개선방안 - 위험한 사태와 경찰작용의 특수성을 중심으로 -

Abstract In contemporary society, the police are frequently required to exercise immediate and coercive authority to safeguard public safety in hazardous circumstances, such as epidemics, natural disasters, and large-scale crowd accidents. Such interventions inevitably burden certain individuals, often resulting in property loss or restrictions on liberty. These burdens constitute unintended yet unavoidable “special sacrifices” for which just compensation is indispensable. Providing such compensation functions as a vital institutional mechanism for safeguarding constitutional rights and realizing the principle of state responsibility in the exercise of public authority. This article examines the constitutional justification and the administrative law framework governing the loss compensation system under Article 11-2 of the Police Duties Execution Act. It identifies several structural deficiencies, including the ambiguity of compensation requirements, the narrow scope of application, the lack of independence in the review procedure, the blurred boundary with state liability, and the unresolved issue of recourse against individual police officers. Building on this analysis, the study seeks to clarify the concept and criteria of loss compensation in accordance with constitutional principles, refine and objectify the substantive requirements for compensation, and propose legislative reforms designed to enhance procedural effectiveness and ensure systemic coherence with related statutes. Furthermore, through a comparative analysis of legislative models in Germany, Japan, France, and the European Union, the study underscores the need for clear and consistent standards governing compensation for losses resulting from police actions, while also exploring diverse legal approaches. Ultimately, the article argues that the current system should be redesigned not merely as an ex post remedial mechanism, but as an institutional framework that both embodies the constitutional principle of public responsibility and reconciles the protection of fundamental rights with the legitimate exercise of police authority. In doing so, this research aims to provide a robust theoretical foundation for legislative reform of the Police Duties Execution Act, situating the discussion within the practical realities of dangerous situations and pursuing a balanced model between justified police powers and the state’s responsibility for resulting losses.