징벌적 손해배상보다 배심제가 먼저다

Despite the increasing number of “punitive damages” statutes, the legislative requirements for punitive damages increased further. “Punitive damages” statutes have been enacted that triple damages of designated amounts can be recovered. However, they don't provide punitive damages, but triple damages, a kind of multiple damages. Punitive damages is different from multiple damages. Punitive damages that is not compensation can be awarded in addition to actual damages and involve no fixed sum or limit. Nevertheless, our “punitive damages” are calculated within three times the extent of the actual damages. The fixed limit of multiple damages reduces their threat and the possibility of deterrence to the defendant and the potential for abuse. Moreover, multiple damages statutes may be enacted for entirely non-punitive purposes. Our “punitive damages” statutes were enacted to change the focus of a socially controversial issue. These functions of punishment and deterrence are limited and the compensation for the plaintiff is insufficient. Punitive damages should be defined in the Tort of Civil Code. Before the legislation of punitive damages, the jury system must be established to allow punitive or multiple damages, to award damages sufficient in amount to indemnify the plaintiff and to reflect the justice of the people. Above all, to win the judicial democratization.