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d) An organization or individual entrusted by an administrative organ which infringes upon the lawful rights and interests of a citizen, legal person or other organization and causes damage when exercising the entrusted administrative powers, the administrative organ shall be the organ under compensatory obligations.
e) where an organ for compensatory obligation has been abolished, the administrative organ that continues to exercise the abolished organ’s functions and powers shall be the organ under compensatory obligation; where there is no such a continued administrative organ, the administrative organ that did the abolishment shall be the organ under compensatory obligations.
f) Where the case has been reconsidered by the organ under reconsideration, the administrative organ which caused the initial damage shall be the organ under compensatory obligations; where the reconsideration decision by the organ for reconsideration aggravated the damage, the organ for reconsideration shall be liable for the damage resulting from the aggravation.
Organ for criminal compensation
The obligatory organs for criminal compensation embrace the following organs subject to the compensation law.
a) Where organs and their personnel which exercise the functions and powers of detection, prosecution, adjudication and administration of prisons, infringe upon the lawful rights and interests of a citizen, legal person or other organization when exercising their functions and powers, the organs shall be responsible for fulfilling compensatory obligations.
b) The organ which erroneously detains a person without criminal facts or without evidence of gross criminal suspicion, shall be the organ for compensatory obligations.
c) The organ which makes a wrong decision to arrest a person without criminal facts shall be the organ for compensatory obligations.
d) Where a sentence is given to change an original judgement in the retrial, the people’s court which made the original effective judgement shall be the organ for compensatory obligations. Where an adjudication of innocence is given to change an original judgement in the second instance, the people’s court which made the judgement of first instance and the organ which made the decision of arrest, shall be the organ for compensatory obligations.
Procedure for administrative compensation
Unlike the procedure for civil compensation, the procedure for administrative compensation is composed of administrative and judicial procedures. The claimant, before filing an administrative compensation suit, shall first file a claim for compensation with an organ under compensatory obligations. The organ under compensatory obligations shall, within 2 months form the date of receipt of the application, pay compensation subject to the provisions of the compensation law. In case of failure to pay compensation within the specific period, or where the claimant is not satisfied with the amount of compensation, the claimant may, with 3 months form the date of expiration of the period, bring an action in a people’s court.
Procedure for criminal compensation
Where the claimant claims compensation, the claim shall, first, be lodged to the organ for compensatory obligations. The said organ shall, within 2 months from the date of receipt of the application, pay compensation to the claimant in accordance with the provisions of compensation law. In case of failure by it to pay compensation within the period specified or where the claimant is not satisfied with the amount of compensation, the claimant may, within 30 days from the date of expiration of the time limit, apply for reconsideration by an organ at a higher level.
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