차량 화재 사건으로 재조명해 본 징벌적 손해배상 제도: 예방적 배상제도로의 전환가능성에 대한 소고

Recently, the subject of prevention and effective relief of large-scale consumer damage has been attracted by the fire incident in the vehicle of BMW company. In particular, class action and punitive damages are being reviewed, and legislation is being proposed to the Congress to expand the scope of punitive damages. In this paper, the introduction and operation of punitive damages system, which have been attracting attention again due to the car fires case, were reviewed. First, it is confirmed through comparison with German law that punitive damages can be accepted in our damages system. In particular, considering the function of non-patrimonial damage, it can be confirmed that punitive damages can form part of our legal system. Second, it is suggested that it is appropriate to call preventive damages not punitive damages because punishment and preventive functions of damages can be distinguished. This can be derived from the fact that the criminal law also distinguishes between retribution and prevention as a function of punishment. Finally, the legal condition and consequences of punitive damages in Product Liability Act, which has been attracting attention as a result of vehicle fires, were examined. It has been proposed that punitive damages in Product Liability Act should be applied even when property damage occurs, and that profit is added to the calculation of damages amount.