행위자가 2인인 불법행위 사건에서 핸드룰 적용에 관한 연구

The Hand Rule, as one of the contents of the tort law, compares the cost of prevention with the expected damage. If the expected damage is greater than the prevention cost, and only then the perpetrator is admitted to be at fault and bears the cost of compensatory damages. This rule determine how much resources each member of society will commit to preventing accidents. Can the Hand Rule guarantee social efficiency even when there are two actors, just like when there is only one actor? This study is designed to answer this question. This study was conducted in five stages. In step 1, a case involving two actors was conceived, and in step 2, the hand rule was applied to determine whether each actor was at fault. In step 3, the cost borne by each actor was calculated. In step 4, the action of the actor was predicted based on the result of step 3. In step 5, it was reviewed whether the predicted behavior guarantees social efficiency. As a result of the study, it was found that social efficiency is not always guaranteed when the Hand Rule is applied to judgment of negligence in a tort case involving two actors. What this result means is that before the court applies the Hand Rule to a specific case, it should verify whether the application of the Hand Rule can achieve social efficiency.