일실이익과 일실수익에 관한 손해배상제도

Abstract

Today, a damage compensation system has important meaning as a means for recovery of property damage caused by a bodily injury inflicted on a person as well as by infringement on an intellectual property right, having material effect on industries. Yet, our current laws make no distinction between such causes of damage and moreover, the provisions of the Civil Act concerning compensation for damage have defects in their legislative structure and are greatly dissociated from judicial practices. To solve such problems, this study proposes an amendment of Articles 393 (2) and 763 of the Civil Act and conceptional separation between the loss of profits and the loss of earnings, focused on the building of a system for compensation of lost profits in regard of intellectual property rights and on the systematization of legal theories on lost earnings included in the existing judicial precedents.