징벌적 손해배상의 핵심 기능과 관련 법률안의 문제점

Punitive damages are recognized and assessed to punish the defendant who has committed outrageous conduct and to prevent the defendant and others from committing similar conduct. Punitive damages refer to additional damages recognized after compensatory or nominal damages are recognized. From an economic standpoint, the most important purpose of compensation for damages is the prevention and distribution of losses. It should therefore be said that punitive damages are also primarily aimed at the preventive function. However, we cannot turn a blind eye to the punitive function deeply rooted in punitive damages. This point is found in the history of punitive damages. Punitive damages are an exceptional system that can be traced to common law in England in the 18th century. Critical views on the introduction of punitive damages have also existed steadily in common law in England as well as in American law. It should not be overlooked that punitive damages were not fully recognized until the middle of the 20th century in both countries. Therefore, caution should be taken when introducing punitive damages in Korea. In particular, in the case of removing or reinterpreting some key functions of punitive damages to accept punitive damages as a general legal system, it is necessary to consider sufficiently so that the core functions of the system can faithfully play a role. In that process, a consistent system of punitive damages will be established, and it will become clear what requirements are in line with the limited role of punitive damages. Finally, the effectiveness of punitive damages following the limited function may also be prescribed. Unfortunately, looking at the current legislative bills, the legislator does not seem to have thought enough about the system, requirements, and effects.