일본 민법에서의 공동불법행위

Abstract

In modern societies, many illegal acts are caused by more than one person, for example, traffic accidents, the plural factories' environmental pollution, consumer damages as well as mob violence. In these cases, a problem can occur regarding whether to treat them differently from the illegal acts caused by one person. Korean Civil Code is enacting these joint torts in article 760. But we have limits in solving many joint torts of modern societies only by this article, thus we are discussing an amendment. At this point of time, it is important that we research the motives codifying the article 760. This study, regarding that Korean Civil Code's article 760 has been made based on Japanese Civil Code, overlooked the legislative intent of Japanese joint tort article by comparison method. Korean Civil Code's article 760, which is enacting the responsibility of joint-tort feasors, is similar to the current Japanese Civil Code's article 719. Japanese Civil Code about joint tort has been made referring German Civil Code, but unlike Germany, Japan has not discriminated the cause and effect. The drafters of Japanese Civil Code considered the joint-tort feasors' involvement of intention, but afterwards, theories and precedents have been taking a stand that only an objective relation which proves that there was an illegal act is needed.