민사책임에 대한 타자철학적 기초 놓기 ―민사법, 직근성(proximity), 책임―

The primary purpose of this article is to provide a philosophical basis for coherently understanding the meaning of, and justifying civil responsibility focused on torts. It is attempted by an application of the concept of proximity that is at the heart of Emmanuel Levinas' philosophy of the Other. The second purpose of this article is to link the meaning of civil responsibility with the general theory of responsibility. In other words, I intend to construct a theory that corresponds to the intersection of the philosophical foundation of private law, the general theory of responsibility, and legal philosophy of the Other. To this end, I first examine the two powerful theories of Law & Economics and corrective justice, then propose the alternative theory as follows. The inherent purpose of civil responsibility should be understood as the realization of direct solidarity between two parties with regard to the misfortunes experienced by a person, and the meaning of responsibility in the private law as 'being urged of direct solidarity' or 'responding to the urge'. The burden or disadvantage of the defendant inflicted as a result of responsibility should be viewed as a kind of communication that conveys the urge in a way that confirms that the urge has been delivered. At the last part, I refer to the implications of this understanding of civil responsibility in relation to the general theory of responsibility.