악의적 제조물사고에 있어 위자료 증액론과 징벌배상제도 도입론의 우열 - 가습기살균제 사건을 계기로 -

Oxy humidifier fungicides accidents can be evaluated as epoch-making accidents which amplified the need for introducing a punitive damage schemes, with causing national resentment. Considering the current structure of our country's civil liability, Courts may be effectively cope with these accidents through a significant increase in solatium. However, when considering the nature of solatium, This way of solving problems can't be ultimate. One reason is that this solatium means only a monetary valuation of psychological distress and there may be discretion of the judges involved in assessment. The other is that, according to the analysis of the current damage compensation system or the regulations, The solving problems way through the reimbursement solatium up to two-three times for the actual damages to achieve the purpose of punishment remedies can cause another several problems, including undermining the legal stability. Punitive damage schemes can be appropriate means in performing the function of saving the victim's right, deterring, preventing the malicious harmful acts in Damage Compensation Act. However, this schemes have to be operated in such a desirable way that confirmed the exceptional coverage area while maintaining the principle of compensatory damage, in the form of separate legislation. Determining the uppermost limit of the punitive damage is legislative policy issues but the basis of it must be clear. Unlike the United States, The korean compensation schemes which does not acknowledge a civil jury have not experienced a crisis of tort law caused by trend of large amount damages. US case laws discussed above, each state's legislative amendments to the Civil Code and the French civil code amendments gives us a lot of implications for the liability regime of our country. I insist that the punitive damages should be within does not exceed two times of the actual damages. In case of accidents, such as a fungicides humidifier incident caused serious damage to the human body, the compensatory, retaliatory, inhibitory function of punitive damage schemes can be said to be more critical. The above responses through to increase solatium rather than to proceed in the direction of establishing punitive damage schemes through the revision of the Product Liability Act would be a solution to compensate for damages Compensation Act's loophole in the law to respond to the feelings of the people. As you can see above the humidifier fungicides case, Especially, In case that the defects of products manufactured by multinational company as well as domestic injured its people's body, Punitive damages schemes will have more important meanings.