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2.Exhausting Administrative Procedure
As soon as the state determines the responsible body, the claimants should file their claim with the administrative body liable for compensation. The organ liable for compensation shall, within two months from the date of receiving the application, pay compensation in accordance with the law. Generally, for administrative compensation, claimants should not directly file cases with the courts without first going through administrative procedure.
3.Claiming Damage in the Courts
If the organ liable for compensation does not pay the compensation within two months, or if the amount of compensation dissatisfies the claimant, the claimant may bring a claim in a people’s court within three months from the date of expiration of the period. The courts shall handle compensation cases according to the ALL.
D. Liabilities of Agency Officers
Under the state compensation system, in most cases agency officers are immune from personal liability for compensation. In some cases, however, they may be required to undertake liabilities. The SCL provides that the agency liable for compensation shall, after making compensation, charge its functionaries—entrusted organizations or individuals who were intentionally or grossly negligent in the matter— with a part or all of the compensatory expenses, as well as give them administrative sanctions in accordance with the law. Moreover, an agency officer may face criminal investigation and prosecution in accordance with relevant laws.
E. Calculation of Damage
States compensate individuals with monetary funds. Whenever possible, the state should implement recovery or reinstatement of property. The state calculates compensation in the following ways:
a. For citizens who suffered infringement upon their personal liberty, the state calculates the amount of daily compensation based on the average daily wage for workers in the preceding year.
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