공동불법행위 책임분배의 적정화에 관한 연구

Abstract

In modern society, the enormous changes in its aspects economic and social have been accompanied by corresponding change in the legal system of torts. Joint tort is a special type of illegal acting, it has a object to project the defender cordially, by the understand joint act as a one thing, and it does not recognize the individual joint tort' exemption and give the joint and several liability to the joint tortfeasors. As concerns characteristics of liability of joint tort, we regard it is a joint and several obligation. Because it has to provide burden to all, but that's not correspond to the article 760. I investigated liability of joint offender and cause concurrence with the a wide sense of things by comparative approach. If one of the occurred to the person of joint tortfeasors, for example exemption, prescription and characteristic of judical decision is affect to the other joint offend is not also a will of sufferer but good for them, so we can not admit the absolute effect and the sufferer can the compensation to the other offender. I suggest to the emphasize on the meaning of the existence of joint tort and deal with a social problem related with joint tortfeasors, we have to lesson or exempt the prove of causal relation between act and loss of the joint person. Also a great deal of effort to relieve the injured person and restrict the matter of mutual combination of jointer, so as to reasonable work out. I wish this study will be a small motivation to develop a new method and keys to fixing the matters concerning liability of the joint tortfeasors.