미국법상 순수재산손해의 법리

• 영문명: Youngjoon Kwon, Associate Professor, School of Law, Seoul National University
• 발행기관: 한국민사법학회
• 저자명: 권영준(Youngjoon Kwon)
• 간행물 정보: 『민사법학』제58호, 145~190쪽, 전체 46쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2012.03.31

영문 초록

In general, pure economic loss is understood as economic loss without antecedent harm to plaintiff’s person or property. In a number of countries such as England, the United States, and Germany, the compensation for pure economic loss is denied in principle. The purpose of this paper is to examine the pure economic loss doctrine as discussed in the United States. This doctrine has evolved in the realm of negligence law in the 19th century with liberalism as its philosophical background. The United States Supreme Court decision on Robins Dry Dock & Repair Co. v. Flint in 1927 has served as a milestone decision in the development of this doctrine. On the whole, most of the courts in the U.S. still adhere to this doctrine, thereby denying compensation for pure economic loss in principle. The prevention of endless liability, the contract primacy and the efficiency rationale are presented as the justification grounds. However, there are certain decisions that mitigate the rigidity of this doctrine by allowing exceptions in professional liability cases or oil-spill cases. As of 2011, the American Law Institute is proceeding with restating this doctrine and now has come up with the first preliminary draft on the first chapter of the restatement. The pure economic doctrine as is understood in the United States is not directly applicable to Korea where tort law regime is totally different. The underlying rationales, at least from a Korean perspective, are not fully convincing either. However, its keen awareness of the relationship between the protected interest and the tortious liability, as well as its theoretical framework that explicitly focuses on the positioning of the tort law as opposed to other areas of law such as contract law or insurance law, have meaningful implications on Korean law.

목차

Ⅰ. 서론

Ⅱ. 논의의 배경

Ⅲ. 미국 판례의 형성과 그 이론적 정당화

Ⅳ. 리스테이트먼트 제정작업의 현황

Ⅴ. 평가

Ⅵ. 시사점 - 결론에 갈음하여

참고문헌

키워드

순수재산손해 불법행위 손해배상 손해배상책임의 범위 미국 불법행위법 리스테이트먼트 효율성 pure economic loss torts compensation the scope of liability U.S. tort law restatement efficiency