미국법상 공동불법행위자의 책임제한에 관한 연구 -대법원 2010.1.28. 선고 2007다16007 판례를 중심으로-

Joint and several liability has long recognized that tortfeasors who act in concert, who independently contribute to a single indivisible injury or who otherwise share responsibility for the wrongful act can be held liable for the entirety of a plaintiff’s damage. In Republic of Korea, professors and judges established legal theory and res judicata which provide that if concurring or successive acts of negligence of numerous persons combined together caused the plaintiff’s injury, he may recover damages of either of both, and neither can interpose the defense that the prior or concurrent negligence of the other contributed to the injury. In decision 2007Da16007 Korean Supreme Court, however, sentenced differently without en banc. It is unclear whether the Court imposed the tortfeasors’ liability separately based on individual contribution of the damage or comparative responsibility. The author insists that 1) the Supreme Court supposed to sentence the court decision in en banc, and 2) need to reform current legal theory and res judicata on the joint and several liability of tortfeasors.