독일민법에 있어서 불법행위법의 발전과 위험책임

It is the tort to damage the others with illegal practice by intention or fault and Article 750 of Korean Civil Law stipulates that the offender has the responsibility for compensating the victim for the damage regarding this case. It is based on that it is not allowed for anyone to cause the damage to the others by infringing their rights or legal interests without the legal authority and the special ground is required to burden them with the transfer of the damage as the justifiable cause. It is based on the principle of liability with fault that the offender has the responsibility for compensating for the damage in the case only of causing the damage to the others by intention or fault regarding illegal practice and it is just modern times for the principle of liability with fault to be established as the principle of illegal practice. More cases of illegal practice were generated along the increase of individual right and legal interests as it gets to modern society and three concepts called fault, illegal practice and damage were taken as the form of general regulation that becomes the requirement for establishment of the practice, however, it has the merit that fulfills the specific validity by including the varies types of illegal practices and applying it according to individual case. Meanwhile, the development of strict liability has been keeping continued without interruption as the modern meaning that began with the industrialization in 19th century and it suggests that new types of strict liability were treated as the liability continuously. The latency that technical equipment or facilities can the enormous damage is widely known to the public and it is the current status that the necessity that the legislator should respond to it by adopting new requirements for strict liability has been risen gradually. Korean Civil Law takes the form of general regulation regarding illegal practice, on the other hand, German Civil Law arranges the objects protected in Tort Law individually by stipulating “the person who infringes the life, body, health, ownership or other right of the others intentionally or by fault has the responsibility for compensating for the occurred damage” in Clause 1, Article 823. Based on such differences, it is expected to be helpful for comprehensive understanding on Tort Law by looking into development of Tort Law, basic concept and supplementation of Tort Law by strict liability in Germany and reviewing the developing process of German Tort Law in comparison by the point of Korean Civil Law that took the forms and contents of German Civil Law.