환경침해영역에서의 징벌적 손해배상제도의 기능

This article is concerned with reviewing theories and precedents about the principle of liability for fault and the punitive(-type) damages System. My approach in this paper is based on that the negligence and willful under the civil law should be separated from each other. The negligence under the civil law of Korea has been regarded as the willful so far. In other words, this article calls attention to central problem as to recognize liability without fault or responsibility of risk and understand the nature of those liabilities in the context of traditional fault. In addition, the recognition for punitive damages were common under early legal systems. However, the punitive damages has still been one of the most controversial in light of modern tort law. Punitive damages are an established practice in the American Common Law. Despite calling for abolition of punitive damages in the United States, punitive award has grown in both frequency and magnitude since the 1960s. Although the purpose of punitive damages is not to compensate the victims, the victims will receive all or some portion of the punitive damage award. The award is monetary compensation that is awarded in addition to actual damages when defendant acted with recklessness, malice, or deceit in some special cases. Futhermore, this award means a punishment for the guilty party so that it is called ‘punitive’ damages. In consequence, in this paper I focus only on the issue of the punitive damages with application of the Principle of Liability for fault. In other words, the goal of this article is to examine connection between punitive damages and the Principle of Liability for fault, to suggest thereby that any factors should be considered to prevent torts in the environment fields.