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영어

It might be hard to distinguish the cause-in-fact and proximate cause, however, in our Civil Code, there is separate provision for the establishment of liability and the scope of the liability so it is fair to make such distinction. In determining the cause-in-fact, but-for test should be applied in order to withdraw the fast and clear conclusion. However, the proximate cause should not be considered as an issue related to merely causation because it is not possibile to limit the scope of liability only by the causation.
Since the tort law's purpose, to distribute the liability in the fair way can be achieved when we determine the proximate cause, therefore, we should consider many factors in stead of choosing one doctrine. In this aspect, Principle of European Tort Law provides interesting standards on the causation theory.