차량 화재 사건으로 재조명해 본 징벌적 손해배상 제도

• 영문명: Punitive Damages in the light of car fire case: A Study on the Paradigm Shift to Preventive Damages
• 발행기관: 충북대학교 법학연구소
• 저자명: 정신동(Jung, Shin Dong)
• 간행물 정보: 『법학연구』第29卷 第2號, 127~158쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.12.30

영문 초록

Recently, the subject of prevention and effective relief of large-scale consumer damage has been attracted by the fire incident in the vehicle of BMW company. In particular, class action and punitive damages are being reviewed, and legislation is being proposed to the Congress to expand the scope of punitive damages. In this paper, the introduction and operation of punitive damages system, which have been attracting attention again due to the car fires case, were reviewed. First, it is confirmed through comparison with German law that punitive damages can be accepted in our damages system. In particular, considering the function of non-patrimonial damage, it can be confirmed that punitive damages can form part of our legal system. Second, it is suggested that it is appropriate to call preventive damages not punitive damages because punishment and preventive functions of damages can be distinguished. This can be derived from the fact that the criminal law also distinguishes between retribution and prevention as a function of punishment. Finally, the legal condition and consequences of punitive damages in Product Liability Act, which has been attracting attention as a result of vehicle fires, were examined. It has been proposed that punitive damages in Product Liability Act should be applied even when property damage occurs, and that profit is added to the calculation of damages amount.

목차

Ⅰ. 들어가며

Ⅱ. 전보배상액을 초과하는 배상제도의 본질

Ⅲ. 차량화재 사건으로 본 제조물 책임 법상 3배배상제도의 요건과 효과

Ⅳ. 나가며

키워드

징벌적 손해배상 예방적 배상 3배 배상 전보배상 제조물책임법 차량 화재 Punitive damages Preventive damages Treble damages Compensation Product liability Car fire case