민법 제755조의 감독자책임

Abstract

Concerning the responsibility for minor's tort, his/her liability for reparation has, in our civil law system, been treated in another way according to whether he is a person with the ability to fulfill his/her responsibilities or not. That is, the supervisor has to bear the responsibility for minor with no ability to fulfill his/her responsibilities, otherwise the minor should be responsible for his/her own responsibilities. However, even though the minor has the ability to fulfill his/her responsibilities, injured party can not be paid for damage caused by a minor in such a case that he/she is lack of sufficient funds.To solve this problem, Article 755 in the recently revised draft bill of civil law imposes a burden on the supervisor without regard to whether the responsible minor has the ability to fulfill his/her responsibilities or not. However, it is criticized that the supervisor is discharged from responsibility if the minor with the ability to fulfill his/her responsibilities has plenty of funds. I, therefore, to solve this problem, suggest that a minor who has committed violence on another person first bear the responsibility if he/she has the ability to fulfill his/her responsibilities. As a result, I think, the problem can be resolved if the minor having committed violence on another person should firstly indemnify the injured party for damage as well as the supervisor of that minor secondly has to bear the joint liability for the minor's tort.