현행 징벌적 손해배상의 내용, 특징 및 문제점과 그 개선방향

초록

In the Republic of Korea, on March 29, 2011, The article 35 of the ‘Act on the Fairness of Subcontracting Transactions’ was amended, and the punitive damages system of the discretionary multiple compensation system was introduced for the first time. It was implemented from March 30. After then, the punitive damages system for 36 law violations under 24 individual laws was introduced and is currently in effect. Not only has more than 10 years elapsed since the first punitive damages system was introduced and implemented, but it has been continuously introduced, and further introductions are being attempted. At this point, It is necessary to analyze, move on, check the actual state of law enforcement, and check the problems of the current punitive damages system. The current punitive damages system focuses on objective requirements, so it does not focus on subjective malice. And except for the Data 3 Act, the types of violations are relatively correctly selected and stipulated from the perspective of optimal law enforcement Introducing it in the form of discretionary multiple compensation, setting an excessively low upper limit, but leaving it to the discretion of the fact-finder in actual cases, so it is recognized only as 1.1 times, 1.5 times, and 2 times. Even if it is trying to draw a tiger, it can be evaluated that it is committing the wrong of drawing a cat from the viewpoint of actual deterrence. However, through amendments to the ‘Credit Information Use and Protection Act’, ‘Vehicle Management Act’, and ‘Act on the Punishment of Serious Accidents’, etc., the 3-fold upper limit can be increased 5-fold. It seems that many of these problems will be solved through legislative efforts, such as continuously discovering violations and continuing to expand and introduce a punitive damages system. Finally, institutions that actually apply the punitive damages system, such as courts and labor commissions, break away from the dogma that the damages system only needs to faithfully perform its compensation function in civil law countries, and move on the idea that they need to compares costs with gains in the law enforcement . It is necessary to understand the proper direction of law enforcement, which is to achieve the optimal law enforcement by adopting right methods, and to actively apply the punitive damages system in actual cases.

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