효율적 소비자피해구제의 대안으로서 징벌적 손해배상제도

Abstract

Discussions on the introduction of various systems to appropriately respond to consumer damage issues are being conducted. In particular, voices are rising about the necessity of introducing punitive damages whenever an incident occurs due to malicious torts of business operators. In order to introduce punitive damages from the viewpoint of efficient consumer damage relief, the following are the items to be considered. First, in order to admit punitive damages, it is essential to have subjective maliciousness that can be criticized by the perpetrator. Second, an appropriate upper limit must be so set that the function of the punitive damages can be properly exercised. In addition, it is desirable to reduce the amount of damages at the discretion of the court in order that it can be determined. Third, it would be said that the possibility of vexatiousness is slim as of the present. Rather, it is necessary to design punitive damages that the punitive damages can be effectively utilized. Finally, in consideration of the specificity of consumer damage, it is required to estimate the amount of damage, change the responsibility for proof, and secure the justification of the punitive damages judgment. It is difficult to affirm that effective consumer damage prevention and relief can be achieved only by the introduction of punitive damages. When various discussions are made on related systems or laws, such as the introduction of punitive damages, the introduction of a collective damage compensation system, and the activation of consumer group litigation, we can expect a breakthrough in consumer damage relief.