
Legal Q&A
Q
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A few years ago, I suffered great harm due to unlawful detention by the police. It seems the police were at fault in this matter, and because of it I suffered both mental and physical harm. In such a case, can I be compensated for the harm through a state compensation lawsuit? I am curious about what procedure I should follow to proceed with the lawsuit.
state compensation lawsuit
claim for state compensation
Answer
Published:
Author : ChanWoo JEONG
We understand that you have inquired about a state compensation lawsuit.
A state compensation lawsuit is a lawsuit in which, where a person has suffered harm due to an unlawful act or negligence of the State or a public institution, compensation for that harm is claimed.
If a victim has been unlawfully detained by the police or has suffered harm due to a public institution's mishandling of its work, they can receive compensation through a state compensation lawsuit.
In order to proceed with this lawsuit, sufficient evidence to prove the unlawful act or negligence of the State or the public institution is necessary.
For example, in the case of harm from unlawful detention, materials proving that the police were negligent, such as the circumstances at the time of the detention and evidence of the harm suffered, will be necessary.
To file the lawsuit, you must first submit the claim for compensation in writing to the State or the relevant public institution, and thereafter, if there is no response within 60 days, you can file the lawsuit.
In the case of a state compensation lawsuit, because you are holding the State or a public institution liable for compensation, the legal procedure can be complex and take a long time.
Therefore, in this process, it is important to consult an administrative attorney with extensive experience to promptly prepare the necessary documents and secure evidence.
In addition, if the outcome of the lawsuit is not satisfactory, procedures such as an appeal or a final appeal can also be considered, so it is wise to receive legal assistance from beginning to end.

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

SangSu JO
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Experience as Deputy Chief Prosecutor at the Suncheon Branch of the Gwangju District Prosecutors' Office · Attorney Specializing in Sex Crimes/Drunk-driving Traffic/School Violence

Naewon Kwak
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Career as Judge, Seoul Administrative Court, Seoul Central District Court · Attorney Specializing in Family Law/Labor Law/Administrative Law
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