현대사회의 과실책임과 주의의무위반

Abstract

The biggest characteristic of modern society is rapid change according to technology development. New technology becomes a part of life, and members of society are constantly re-establishing their place in a new environment. In the process, accidents brought about by the imperfections and inexperienced operation of modern science and technology resulted in damage to lives, and became an opportunity to demand more strongly the necessity of punishment for negligence liability today. With the advent of the modern society, criminal negligence liability frequently appear at the fore of criminal liability discussions. The accidents that occur in the process of using various types of technology raise the question of who and to what extent to consider that there is a violation of the duty of care. Although science and technology are commonly used in everyday life, sometimes even technicians are unable to grasp all the limitations of technology. Therefore, a series of criteria that take into account the characteristics of the issue, the general situation, and the degree of recognition about technology is needed to judge whether objective predictability exists for people who use technology. It can be seen that the basis of various cases of negligence is that there is a somewhat consistent standard of judgment and legal sentiment beyond the specificity of individual cases. The work of discerning that point will help to establish the theoretical basis for the recognition standards for negligence in modern society. Categorizing the duty of care for each individual technology will make the scope of the duty of care more predictable for the participants and will play a role in lowering the probability of accidents in the long run. It gives the impression that to some extent, determining the scope of violations of the duty of care subject to criminal punishment for negligent offenders is strongly influenced by the elements of legislative policy. However, the presence or absence of punishment for negligent offenders should not be entirely dependent on policy decisions. Punishment can exist only when criminal illegality and liability exist, and anyone should be able to predict the object and scope of punishment according to the principle of clarity. Adding the theoretical depth to the newly established negligence liability in the modern society through the process of identifying the scope of the violation of duty of care as the subject of criminal punishment, and setting the criteria for distinguishing the areas of criminal responsibility from various accidents that may arise due to negligence are important because they are provide a direction for criminal law to proceed in the scientific and technological society.