징벌적 손해배상제도 도입방안에 관한 연구

초록

Since a discretionary treble damages has been stipulated in the Section 35 of the Fair Transactions in Subcontracting Act in 2011, 5 more new laws accommodate such a new type of damages. Punitive damages is a hot topic in Korea. Many scholars have written a lot of papers on the subject. In the past most of scholars disagreed with introduction of punitive damages into the Korean law enforcement system. But now those who support the new damages become more. Scholars who dissent the punitive damages challenge it with its unconstitutionality like double jeopardy, prohibition of excessive punishment, and due process and with the systemic inharmony between compensatory damages and criminal punishment, which are cleared up. On the condition that punitive damages is more efficient than the other law enforcement methods like administrative law enforcement or criminal sanctions, it has to be adapted more widely than before. When it is introduced as a remedy, the types of violations subject to it must be sellected very carefully. To raise its deterrence effects more treble damages may be readjusted up to ten times.

키워드