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KSTGeneral information, not legal advice
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Who must apply for compensation under the State Compensation Act, and which district deliberation council may receive the application?

General information · Not legal advice

Material to check

In a practice file we read the compensation application itself, noting the applicant's residence or location and the place where the cause of compensation arose, since any one of those places fixes the competent council; we also look for any paper from the head of the agency of the official who caused the damage encouraging the victim or bereaved family to apply.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading is that anyone seeking compensation money under the State Compensation Act must apply to the district deliberation council having jurisdiction over the applicant's residence, the applicant's location, or the place where the cause of compensation arose, and jurisdiction over any one of those places is enough; the head of the agency of the official who caused the damage must encourage the victim or bereaved family to apply.

Another reading stresses what the provision does not make a condition: it addresses the encouragement duty to the head of that agency, not to the applicant, so an application stands without it, and the provision does not say what a council covering none of the three places may do with an application it receives.

Your judgment

Where the official acted across more than one district, what in the file would show in which district the cause of compensation arose?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to add or narrow the places that fix jurisdiction, or if a court decision clarifies how the place where the cause of compensation arose is determined.

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