• Title/Summary/Keyword: 소방기관과 관련된 국가배상 사례

Search Result 2, Processing Time 0.021 seconds

Analysis of Fire-Related State Compensation Cases (화재와 관련된 국가배상 사례의 분석)

  • Lee, Eui-Pyeong
    • Fire Science and Engineering
    • /
    • v.33 no.5
    • /
    • pp.109-117
    • /
    • 2019
  • When those who have caused a fire have no ability to compensate fire victims, the victims tend to charge fire agencies for state compensation to receive damage relief. This study analyzed two state compensation cases related to fires. The findings suggest that if there is a causal relationship between fire damage and mistakes committed by fire officials that are associated with fire prevention or special fire inspections, courts usually decide that fire agencies should compensate fire victims. Despite the introduction of a new article in the Framework Act on Fire-Fighting Services on December 26, 2017, titled "Exemption from Responsibility for Fire-Fighting Activities", exemptions are only available if inevitability of the activity has been proven. However, unlike rescue or first aid activity, inevitability is difficult to prove when it comes to fire inspection activity. Therefore, it is expected that state compensation suits related to fires will not decrease.

Analysis of A Gas Explosion-Related State Compensation Case (가스폭발 사고와 관련된 국가배상 사례의 분석)

  • Lee, Euipyeong
    • Journal of the Society of Disaster Information
    • /
    • v.16 no.1
    • /
    • pp.44-59
    • /
    • 2020
  • This study analyzed a gas explosion accident. A gas smell from a underground coffee shop in the two-story building was reported to 119. A fire brigade was turned out, turned off the main valve of LPG gas cylinder on the roof, and checked the turning off of middle valve in the coffee shop. The fire brigade required a gas supplier and gas installer who arrived at the spot to take safety actions. Gas explosion occurred seven minutes after the fire brigade was withdrawn and two people died and 21 people were injured. A court decided that because the causes for gas explosion were not found, compensation responsibility could not be charged with the gas supplier, the gas installer, or Korea Gas Safety Corporation. In this reason, the court judged that only the fire brigade who was withdrawn without taking safety actions shall compensate victims or bereaved families. Therefore, fire brigades who turn out after a 119 report of a gas leak should take safety actions such as escaping people or preventing people's access and ventilating and be withdrawn when there is no possibility of fire or explosion.