不當提訴로 인한 損害賠償責任- 英國, 美國, 獨逸의 論議를 중심으로 -

This article aims to analysis the english, american, german law on liability for wrongful civil proceedings and present some interpretations about korean law on liability for wrongful civil proceedings. After comparative analysis on recovery for wrongful civil proceedings, the author has drawn the following conclusions. First, the tort of wrongful civil proceedings is dominated by the problem of balancing two countervailing interests of high social importance: safeguarding the individual from being harassed by unjustifiable litigation and encouraging citizens to protect their own interests. Secondly, liability for wrongful civil proceedings should be recognised whether malice, intention or fault. because wrongful civil proceedings is likely to cause serious injury to the victim. Thirdly, when law of costs can't afford sufficient protection from wrongful civil proceedings, liability for wrongful civil proceedings should afford damages. Fourthly, the instigator is justified in bringing a civil suit when he reasonably believes that he has a good chance of establishing it and he may reasonably summit a doubtful issue of law, where it is uncertain which view the court will take.