In administrative law, the administration generally has two types of legal liability:
The administration’s private law liability arising from contracts or acts made in accordance with private law principles: In this case, a full trial cannot be initiated.
The administration’s public law liability arising from contracts made in accordance with administrative law principles and from all types of administrative acts and actions.
The administration’s obligation to compensate those who have suffered damage due to its acts, actions, or omissions is based on two fundamental legal grounds in administrative law:
The administration’s obligation to compensate due to “service fault” (fault-based liability),
The administration’s obligation to compensate based on the principles of “no-fault liability.”
When awarding material or moral damages in a full trial, the court must explain in its reasoning whether it based its decision on the administration’s liability due to service fault or strict liability.
The administration is not liable for compensation if the damage suffered is entirely due to the fault of the injured party or a third party. This is because, in order for the administration to be held legally liable based on the principles of service fault or strict liability, a causal link between the service and the damage is required.
An exceptional case where a causal link is not required is social risk.