징벌적 손해배상제도의 도입과 개선에 관한 연구

According to the traditional civil law system, the Korean law system separates civil punishment and criminal punishment: redress or punishment. Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some portion of the punitive damage award. Punitive damages are often awarded where compensatory damages are deemed an inadequate remedy. It is settled principle of common law in the United States. Statutory damages provision is present in copyright law according to Free Trade Agreement between the Korea and the U.S.A. The inclusion of treble damages in Korea is introduced. but it will be required from this time on to ensure treble damages to operate properly by recognizing that punitive damages may entail excessive restriction on and prevention for the illegal act, which could lead to discouraging socially helpful activities such as entrepreneurial actions, and thus efforts should be taken to minimize such side effects. The core value of proportionality, the ratio of punitive to actual harm as determined by the judge is the most effective measure of the court’s judgement. and the courts may consider extracompensatory damages, such as attorney fee awards in the constitutionally required evaluation of comparison between the defendant’s punishment and plaintiff’s actual harm. Punitive damages system should be enacted in field of consumer protection laws in which serious injury or loss of life was caused by extreme negligence.