징벌배상제도의 국제적 동향과 국내에서의 논의 상황

By becoming the 21st century, the punitive damages system is progessing different aspects between the England, America, and the Continental legal system. There is a lot of consideration of establishing a standard for limiting large amount of punitive damages at the field of case law and the statue law of the U.S.A. Meanwhile the continental legal system, the main purpose of that is compensation of actual damages for the Compensation Act, emphasizes the introduce necessary of the punitive damages system for complementing insufficiency of compensatory damage. The general provisions is provided at the Tort Law at the Draft of Obligation Law Amendment of France and the China Tort Law is provided for being able to impose about product liability. This discussion is also being advanced in Germany, Japan and Korea. That means, the punitive damages system is being placed in spite of the tradition of the judical system or difference of the culture on law. The issue, whether introducing the punitive damages system or not, has connection with the legislative policy. The issue about providing the punitive damages system is being discussed for 20-years. Theory of positive for providing has the undisputed superior phase. We have to find out the solution maintaining the existing frame for securing of the efficient of legislation through checking about criterion of compensation.