공작물의 설치 또는 보존의 하자로 인하여 발생한 화재에 대한 손해배상책임 - 개정 실화책임법하에서 공작물책임과 실화책임법의 해석론을 중심으로 -

It is often seen that a fire breaks out in a building and the nearby buildingcatching fire. In the case of damages caused by accidental fire to another person,liability for illegal activities is a problem. In Korea, there was the act on civilliability for fire caused by negligence. As an exception to the basic principle ofliability for illegal activities, the act limited to cases of serious negligence victims’right to claim damages by fire caused by negligence. It was pointed out that the actexcessively protects a person who set the fire while the victim’s relief was neglected. In 2007, the constitutional court ruled against the former act on civil liability for firecaused by negligence and the former act was revised as on 8 May 2009 law No. 9648. According to the former act on civil liability for fire caused by negligence inKorea, accidental fire person could only be held liable for damages if he or she hadserious negligence. The relationship between act on liability for manufactured productsand act on civil liability for fire caused by negligence has been an important legalissue. The former act is intended to protect the accidental fire person and article 758conflicts its purpose and content in that it is aimed at protecting the victim. In casea fire occurs due to a defect in the workpiece and damages other people, there wasa controversy over whether to apply the act on civil liability for fire caused bynegligence or the liability for manufactured products for the of civil act article 758. Therefore, in this paper, I studied new discussion on the relationship between theliability for fire caused by negligence and the liability for manufactured products dueto the constitutional court’s decision on the unconstitutionality.