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韩国国家赔偿法除了规定公务员职务不法行为引起的国家赔偿责任外,还确立了公共营造物的设置或管理上的瑕疵引起的国家赔偿制度,并通过广泛地学术讨论与较完善的判例制度,将这一制度加以具体化,确立了赔偿责任构成要件理论、赔偿责任主体制度、赔偿标准、请求赔偿程序等,并形成了其特色。
In addition to the state liability for compensation caused by the wrongful act of civil servants, South Korea’s State Compensation Law also established the state compensation system caused by the flaws in the establishment or management of public constructions. Through extensive academic discussions and more perfect case law, This system has been made concrete and established the theory of the components of the liability, the system of the subject of the liability, the standard of compensation, the procedure for requesting compensation, and formed its own characteristics.