적극행정 공무원에 대한 민･형사상 부담 완화 및 책임 감면을 위한 법제 개선 연구

초록

In the contemporary administrative environment, characterized by escalating intricacy and unpredictability, proactive administration by civil servants has evolved from a discretionary practice to an imperative. Despite the government's establishment of multiple support systems aimed at promoting proactive administration, there remains an absence of pragmatic measures to mitigate or exempt civil and criminal liability. This article undertakes a thorough examination of the existing proactive administrative systems and puts forward a series of recommendations for legal reforms. The aim of these reforms is to mitigate the potential civil and criminal liability that may arise when civil servants carry out their duties in a proactive manner. First, in order to mitigate civil liability, it is necessary to establish a “presumption of slight negligence” provision for proactive administration and to introduce a “compensation decision application system” in order to provide swift redress for civil servants who are required to compensate for damages due to negligence in the course of their duties. Furthermore, with respect to criminal liability, the establishment of a system that permits mitigated sentences for proactive administration conducted with honest intent for the benefit of the public is imperative.

키워드