KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

The Korea Legislation Research Institute (President: Rhee Ik Hyeon) held the 34th Legislative Policy Forum on the subject of Reform of National Compensation Legislation - Focusing on the Distinction between State Responsibility and Personal Responsibility of Public Service (Police Officers) with Park Jung Hoon, professor of Seoul National University Law School, invited as the speaker, in the Rose Room (5F) of Grand Intercontinental Seoul Parnas on Jan. 18th (Fri).

 

Professor Park Jung Hoon, who is a former judge and the chairperson of the 10th National Police Commission, has served in various positions including a non-standing commissioner of Anti-Corruption & Civil Rights Commission, and a non-standing member of the 8th National Police Commission, and currently fosters younger students in the Seoul National University, his alma mater.

 

Professor Park gave presentation pointing out that there has been no big changes in legislation and precedents related to national compensation legal system since the formulation of statutes in 1951 till now, and suggested the direction of reform based on the French and German cases.

 

In the presentation, professor Park emphasized “As the illegality caused by an illegal administrative decision shall be the fault of public service, it shall be reasonable for the State to bear liability for damages regardless of the negligence of an official in charge in reflection of the equality and social solidarity against public damages,” and continued "On the other hand, a public official shall be liable for damages on the relevant victim only if he or she has committed a personal mistake enough to lose his/her dignity as an institutional act, securing the stability of public service and punishing his or her civilian mistake by disciplinary or criminal responsibility.”

 

In addition, he proposed the relevant reform measures based on his presentation that "We must separate the case of State responsibility into an administrative litigation, and the case of personal responsibility into a civil procedure, respectively, to prevent an indictment of the integration of the two.”

 

Meanwhile, the Korea Legislation Research Institute holds a Legislative Policy Forum as a place to exchange opinions on discovering new legislative challenges and legislative results, inviting experts from different fields. In recent forums, many experts including Kim Sang Jo, Chairperson of Fair Trade Commission, Kim Oe Sook, Minister of Government Legislation, and Chung Sye Kyun, former Chairperson of the National Assembly have attended to give presentations.

 

Date: January 18, 2019 (Fri)

Place: Rose Room (5F) of Grand Intercontinental Seoul Parnas