형법상 한계보완으로서 징벌적손해배상제의 과제: 자동차 리콜과 관련하여

· Research topics: This aims to explore the problems and countermeasures for the punitive damages under the Automobile Management Act. · Research background: Since the damage caused by continuous illegal activities in companies is enormous, the strongest countermeasure against this is criminal punishment. However, in the case of a blind spot where criminal punishment is difficult, criminal punishment alone will not be sufficient. Nevertheless, it will be difficult to fulfill its regulatory function with the existing liability for damages. As a supplement to criminal punishment, a punitive damages system is needed. This is especially true with respect to car recalls, such as BMW fires. · Differences from prior research: So far, a lot of studies on punitive damages have been done mainly from a legal point of view, but a convergence of practical and legal issues is needed. Therefore, the focus of this study is to take a step further from previous studies and to suggest whether there are any problems with the recent Automobile Management Act and, if any, what are the countermeasures. · Research method: Problems and countermeasures for vehicle punitive damages were reviewed mainly through literature studies and analysis of the background of the system under the Automobile Management Act. · Research results: In particular, it should be reviewed whether 5 times compensation is appropriate as an improvement method for recall punitive damages, and whether there is any other way to improve effectiveness, and a method for linking punitive damages and class action suits was suggested. · Contribution points and expected effects: Corporate punitive damages as a criminal punishment supplement have significant implications in terms of crime prevention. Strengthening the responsibility of automobile manufacturers may be expected to be a measure to establish a system that can fully compensate consumers for the damage to life, body and property caused by automobile defects.