Hello, I am Attorney Oh Seung-hyun from Cheongchul Law Firm.

In December 2024, an accident occurred in Pocheon, Gyeonggi-do, where a bomb dropped from a military aircraft fell near a civilian area.
Fortunately, there were no casualties, but houses were severely damaged and residents experienced extreme anxiety.

This accident was revealed to be a mistake made by the pilot in inputting latitude and longitude coordinates into the flight plan.
Furthermore, the pilot in question was a government employee.

In cases where individuals suffer damage due to the negligence of a public official or the government's management failures, the constitution and laws recognize the liability of the state for compensation.

In this article, I would like to briefly introduce the State Compensation System that can apply in such cases.

What is the State Compensation System?

The State Compensation System is a system in which the state compensates for damages incurred by citizens due to illegal acts of public officials or negligence in managing state facilities.
This system operates based on the State Compensation Act and is an important mechanism for protecting citizens' rights and interests.

State compensation is broadly divided into two types, each with different applicable requirements.

1. Compensation for Illegal Acts by Public Officials (Article 2 of the State Compensation Act)

If a public official causes damage to citizens due to intentional or negligent acts while performing their duties,
the state is responsible for compensating that damage.
In this case, the state, rather than the individual public official, becomes the liable party, and the victim can file a claim for damages against the state.

Also, not only active actions but also damages that arise from a public official's failure to take necessary actions (omission) can also entail compensation liability.

2. Damage caused by State or Local Government Facilities (Article 5 of the State Compensation Act)

If damage occurs due to defects in the installation or management of **public facilities (government property)** managed by the state or local government such as roads, buildings, and bridges, victims can claim damages against the state or local government.
In this case, compensation liability is recognized regardless of the involvement of public officials.

• Who can claim state compensation?

State compensation can be claimed not only by individuals, corporations, and organizations that suffer damage but also, in certain cases, by the family members of the victim such as their dependents.

However, there are exceptions.
In particular, military personnel and special public officials such as police are, according to Article 29, Section 2 of the Constitution, restricted from claiming state compensation for damages incurred during official duties.

▶ However, damages caused by accidents unrelated to official duties may exceptionally be recognized for state compensation,
▶ and for damages incurred during official duties, there is a separate state compensation system for remedy.

• Requirements for claiming state compensation

To file a claim for damages against the state, the following requirements must all be satisfied.

1. There must be intent or negligence on the part of the public official

2. And as a result, the victim must have suffered damage

3. There must be a causal relationship between the act and the damage.

   
   

This is judged similarly to the requirements for establishing tort under civil law.

• What damages can be compensated by state compensation?

State compensation can cover not only property damage but also mental anguish.

1. Property damage: Restoration and repair costs for damage to houses, vehicles, and other properties

2. Mental anguish: Compensation for mental pain such as anxiety and fear caused by the accident

3. Indirect damages: Loss of profits due to interruption of business, inconveniences in daily life, etc., may also be recognized depending on specific circumstances.

   
   

The determination of compensation amounts is made considering the extent of damage, the victim's age, income, and responsibility.

• How is the state compensation process conducted?

The process for requesting state compensation can be broadly categorized into two methods.

1. Procedure through the State Compensation Review Committee

Victims can apply for compensation to the State Compensation Review Committee, and this can be submitted to the district review committee that has jurisdiction over the victim's residence or the location of the incident.
The review committee investigates the facts and determines the compensation amount and validity, after which the state can directly pay the compensation.

2. Filing a civil lawsuit

Separately from the administrative procedure, victims can also file a civil lawsuit to obtain a court ruling.
Since the review committee is an agency under the Ministry of Defense, there is a possibility that it may review in a manner favorable to the government rather than fully compensating the victim. Therefore, if the decisions of the review committee are unsatisfactory or if appropriate compensation is not received, considering litigation may be warranted.

• Difference between state compensation and state remuneration

One of the frequently confused concepts is 'state remuneration'.
While the two systems may seem similar, they are fundamentally different concepts.

In conclusion

The state compensation system is a mechanism that systematically guarantees the state's responsibility toward its citizens.
Especially in cases like the recent Pocheon bombing incident where civilian damages were caused by the mistake of public officials,
there is an obligation for the state to rectify that damage rather than having individuals bear the full burden.

If you are a victim, rather than hastily trying to handle things alone,
it is necessary to seek expert assistance to accurately sort out the facts and exercise your rights through appropriate procedures.

Our Cheongchul Law Firm has the following strengths in military-related cases, including bombing incidents.

• Practical experience in military investigations and court procedures, as well as procedures with the Ministry of Defense and Veterans Affairs

• Ability to collect substantial evidence such as site investigations, expert requests, and securing testimonies

• Experience in claiming state compensation, registering for veteran benefits, and seeking compensation for mental damages such as PTSD

📝 Support provided by Cheongchul Law Firm

• Analysis of the circumstances surrounding the bombing incident and the state’s responsibility

• Representation in procedures related to state compensation and veteran benefits

• Protection of the rights of the bereaved families and claims for mental damages

• Execution of civil damage claims and lawsuits

If you have any questions or need legal consultation, please feel free to contact us.