위자료와 징벌적 손해배상의 비교- 최근 징벌적 위자료 논의와 관련하여 -

Solatium can be defined as a special type of damages the functions of which include sanctions and prevention due to irreversibility of the damage in question. This applies to intangible damages caused to corporations. Therefore, solatium and punitive damages are similar in function. However, the two differ as punitive damages focus on the profit gained by the perpetrator as the basis of compensation, and, therefore, is distinguished from conventional compensatory damages that include solatuim according to the South Korean laws. Also, it primarily concerns property damage and, therefore, is distinguished from solatium, which focuses on non-property damage. Therefore, when claiming punitive damages, the plaintiff is required to prove, at a minimum, the factuality and amount of damage, which is also different from solatium as the latter is largely decided by the court’s discretion. Therefore, the Supreme Court’s assessment of the solatium for the illegal activities of a certain type in 2016 should be understood as the increase in the amount of solatium for consideration on reality and then the private sanctions function of solatium means to moderate the victim's revenge emotions rather than to deter illegal activities.