소방공무원의 국가배상책임 완화에 관한 연구

Abstract

The 'safe life' pursued by mankind has been a goal of life itself regardless of time or economic conditions, and in order to achieve this goal, the role of fire department is very important. Today ever-increasing unprecedented natural and man-made disasters that are unexpected threaten citizen' safety in every corner of the society. Accordingly the demands for fire, emergency medical service(EMS) and rescue adminstration service continue to increse. Also litigation against the fire department continue to increse. However, it is seemed that the legal compensation suits of fire department were not analyzed. With such basic conceptions in mind, this study was aimed at reforming the the point of issue about fire administrative affairs. This study consists of the five chapter. In the first chaper titled 'Intorduction' purpose, scope and methods of study are described. The second chapter titled 'Fire Officers' Liability of national Compensation' consists two section; General theory about liability of national compensation, fire officers' liability of national Compensation. A requisite of the state tort liability; concept, theory of compensation for damages are discussed. The third chapter titled 'The point of issue about approval of fire officers' liability of national compensation' consists of three sections ; in the first section titled 'The case of litigation about fire inspection', analysis litigation about careless fire inspection are discussed. in the second section titled 'The case of litigation about activity of fire extinguish', analysis litigation about mistaken activity fire spot. in the third section titled 'The case of litigation about activity of EMS and rescue' analysis litigation about mistaken EMS and careless rescue are discussed. The fourth chapter titled 'The way of the relax of Fire Officers' Liability of national Compensation' consists of three chapter ; in the first section titled 'The way of the relax of Fire Officers' Liability about field of fire prevention', in the second section titled 'The way of the relax of Fire Officers' Liability about field of fire suppression', improvement device about fire inspection and fire suppression device are discussed. in the third section titled 'The way of the relax of Fire Officers' Liability about field of rescue and EMS', improvement device of systems are discussed. The fifth chapter is the conclusion of this study.