This chapter considers the status of the State Compensation Act. First of all, the State Compensation Act has the status of a general law under which the state or local governments bear liability for torts. Article 8 of the State Compensation Act states: "With respect to the liability of the state or local governments for damages, the Civil Act shall apply except as provided in this Act; however, where other statutes besides the Civil Act have different provisions, those provisions shall apply," making clear that the Act has the character of a general law only for compensation arising from public administrative actions. Accordingly, if there is a related special law, that law applies first; if no special law exists, the State Compensation Act applies; and for matters judged not to be provided for in the State Compensation Act, the Civil Act supplements it. In conclusion, therefore, the order of laws applied to the concept of state compensation can be explained as special laws, then the State Compensation Act, then the Civil Act.

The holders of the right to claim state compensation are Korean nationals and foreigners. First, regarding nationals: the holder of the right to claim damages is a national who has suffered personal damage due to the unlawful performance of official duties. In this case, nationals include natural persons and legal persons with Korean nationality. The second holders, foreigners and foreign legal persons, are characterized by being subject to the principle of reciprocity. In particular, for foreigners, the State Compensation Act applies only where there is a mutual guarantee, under Article 7 of the Constitution. A mutual guarantee here means that, if a Korean suffers damage in the victim foreigner's home country, the Korean must likewise be able to claim damages in that country. Article 23(5) of the Korea-US Status of Forces Agreement provides that, even for acts occurring while members or employees of the U.S. armed forces stationed in Korea, or members of the Korean Augmentation to the United States Army (KATUSA), are performing official duties, appropriate compensation can be claimed from the Korean government under the procedures of the State Compensation Act.

(1) Liability for damages caused by public officials' unlawful acts in the course of duty (Article 2); (2) Liability for damages caused by defects in the installation or management of public facilities (Article 5)

In modern society, where countless people live competing fiercely for their own reasons, infringements of others' rights, whether intended or not, occur very often. An act that unlawfully infringes another's rights through one's own fault is called a tort, and a person who commits a tort is obliged to compensate the victim for damages. Some human activities in modern society are carried out alone, but in most cases they take place within organizations such as companies or public bodies. For example, if oil spills into the sea through the mistake of a tanker crew member and causes enormous damage to nearby coastal fish farmers and related businesses, recognizing liability only for the poor crew member while saying the wealthy shipping company is not liable would be a very unreasonable system, and vulnerable groups whose rights are not legally guaranteed would fall even further. Hence the need to hold organizations liable was raised. In modern times this system has become established, and among the systems holding organizations liable, the system that provides that, for unlawful acts committed by public officials, the state compensates the injured individual is the state compensation system. The main body examined in detail what the concept of administrative compensation for damage is and what sub-concepts it includes. It also considered the significance and purposes of legal compensation for damage.

The text of the material explains foreigners' state compensation claims by linking them to Article 7 of the Constitution, but the basis for requiring a mutual guarantee is Article 7 of the State Compensation Act, so it is good to correct this part when citing it in an assignment. In addition, Article 2 of the State Compensation Act also provides for liability under the Guarantee of Automobile Accident Compensation Act, and the prohibition of double compensation in Article 29(2) of the Constitution applies to damage suffered by military personnel, military civilian employees, police officers and the like in connection with the performance of duties such as combat and training. Organizing these details together lets you write much more accurate answers for the administrative remedies unit.