공동불법행위자의 책임과 불법행위자간의 구상관계

Abstract

As Today, with rapid economic development and technological advancement, the importance of civil law related to communal illegal activities are increasing. This in our civil law refers to an act where many people carry out an illegal activity together to cause harm to other people in its largest sense as a 'Communal Illegal Activity' The cases related to compensations caused by illegal activities also have evolved from its simple traditional form and have become multi-faceted and have spread out in a massive scale. Due to this, a new issue has arisen in the illegal activities law followed by compensation cases caused by numerous wrongdoers and victims. At the same time, with the complications within the modern society, in most cases, various reasons snowball into one damage creation and the scale of the loss is becoming larger as well. The purpose of the communal illegal activity system lies in distributing the responsibility of the damage as well as deliverance of the victims. Therefore, we need to ensure enough progress is being made about the damage to the victim as much as possible and distribute the responsibilities between the wrongdoers evenly as well as preventing a drastic severe punishment to them. However, in reality, it is easier said than done in terms of realizing the almost paradoxical and idealistic results. Thus, the communal illegal activity theory which regulates the creation of cases where damages are caused by a certain number of people should not only be interpreted appropriate to the current social realities and legal system but should also protect the victims as well as prevent the wrongdoers from suffering from a severe disbenefit. This paper aims to revisit and reflect upon our civil law article 760 so that it can come up with a logical solution which will harmonize and balance out the understanding between the victim and the wrongdoer. Its ultimate purpose lies in contributing to finding such solutions in the future.