損害賠償의 法理와 懲罰的 損害賠償의 관계
A Comparative Study on Punitive Damages with the Theory of Punitive Damages in Korean Civil Law
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Punitive damages have been a part of United States legal system for many years. But They are a new type of damages in Korean Civil Law. I examine the implication of punitive damages in Korean Civil Law. And I examine some fundamental issues in detail. First, I focus that punitive damages are the subject of public law in Korean Civil Law. Second, I focus that punitive damages have the problem of the unjust enrichment in Korean Civil Law. Third, I focus that punitive damages have the problems of the fixed amount of damages. The normative justification for punitive damages does not apply in Korean Civil Law. In Korean Civil Law, they are justifiable on the theory of the consolation money and the penalty of fine.
Abstract
Punitive damages have been a part of United States legal system for many years. But They are a new type of damages in Korean Civil Law. I examine the implication of punitive damages in Korean Civil Law. And I examine some fundamental issues in detail. First, I focus that punitive damages are the subject of public law in Korean Civil Law. Second, I focus that punitive damages have the problem of the unjust enrichment in Korean Civil Law. Third, I focus that punitive damages have the problems of the fixed amount of damages. The normative justification for punitive damages does not apply in Korean Civil Law. In Korean Civil Law, they are justifiable on the theory of the consolation money and the penalty of fine.