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State Redress Act - Act No. 125 of 1947

State Redress Act

(Act No. 125 of October 27, 1947)
Article 1 (1) When a public officer who exercises the public authority of the State or of a public entity has, in the course of his/her duties, unlawfully inflicted
damage on another person intentionally or negligently, the State or public entity shall assume the responsibility to compensate therefor.
(2) In the case referred to in the preceding paragraph, when there was intent or
gross negligence on the part of the public officer, the State or public entity shall have the right to obtain reimbursement from that public officer.
Article 2 (1) When damage to another person is caused because of a defect in the placement or administration of a road, river, or other public structure, the
State or public entity shall assume the responsibility to compensate therefor.
(2) In the case referred to in the preceding paragraph, if there is another person who should assume responsibility for the cause of the damage, the State or
public entity shall have the right to obtain reimbursement therefrom.
Article 3 (1) In cases where the State or a public entity assumes the
responsibility to compensate for losses pursuant to the provisions of the
preceding two Articles, when the person responsible for the appointment or supervision of public officers or the installation or administration of public structures differs from the person who bears the costs of the public officer's salary, remuneration, and other costs or the costs of the placement or
administration of public structures, the person who bears the costs also shall assume the responsibility to compensate for such losses.
(2) In the case referred to in the preceding paragraph, the person who
compensates for the losses shall have the right to obtain reimbursement against the person liable for that loss based on internal relationships.
Article 4 The State's or a public entity's liability for damages shall, in addition
to being pursuant to the preceding three Articles, be pursuant to the provisions of the Civil Code.
Article 5 As to the State's or a public entity's liability for damages, if Acts other than the Civil Code provide otherwise, such Acts shall take priority.
Article 6 In cases where the victim is a foreign national, this Act shall apply only when a mutual guarantee exists.
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