과실책임주의에 대한 헌법적 검토 - 헌재 2007. 8. 30. 2004헌가25

• 영문명: A Study on the Constitutional Review of the Principle of Liability forNegligence - 2004Hun-Ka25, August 30, 2007 -
• 발행기관: 한국헌법학회
• 저자명: 심경수(Kyung-Soo Shim)
• 간행물 정보: 『헌법학연구』憲法學硏究 第14卷 第1號, 327~357쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

  This paper aims to analyze the case of 2004Hun-Ka25 that the Constitutional Court decided on August 30, 2007. The subject matter of the case is the constitutionality of the act concerning liability for fire caused by negligence, which stipulates that Article 750 of the Civil Code applies when gross negligence exists in the case of accidental fire. The Constitutional Court ruled that the above Act is not consistent with Korean Constitutional Law. This decision cannot be harmonized with the previous case law of the Constitutional Court. So, according to amendments to the act concerning liability for fire caused by negligence, a victim of accidental fire caused by minor negligence could demand damages against the wrongdoer.
  The conclusion of Constitutional Court about this case involves several legal issues. The first issue is about the principle of liability for negligence. That is, it is examined if the principle of liability for negligence only limits the scope of the wrongdoer"s liability, and if the wrong-doer must indemnify the victim for damages. The second issue is the principle of liability for negligence of Article 750 of the Civil Code, not Constitutional Law that the decision of Constitutional Court is based on. Lastly, this Article examined the decision of Constitutional disagreement abused by the Constitutional Court in the case of 2004Hun-Ka25.

목차

Ⅰ. 머리말
Ⅱ. 헌법재판소 결정 내용
Ⅲ. 분석ㆍ검토
Ⅳ. 맺음말
참고문헌
〈Abstract〉

키워드

실화책임 과실책임 기본권 제한 기본권 형성 Fire caused by negligence Liability for negligence Limitations on the exercise of fundamental rights Guarantees of fundamental rights