원문정보
The injurer's damages liability due to victim's suicide
초록
영어
If a victim suicides after injurer's tort, injurer should compensate him for damages due to his suicide. In generally speaking, there is no reasons to compensate for the damages, Because Suicide is taken by victim's choice. If his suicide stem from physical or mental hurt and he have no choice but to day, it should be compensated for his death. It is natural that assailant compensate him for damages, if victim's suicides spring from his tort. But what means "spring from his tort"? Korean Supreme Court say that it decided from viewpoint of 'justice and fairness'. But the conception of 'justice and fairness' is too ambiguous to restrict personal liability. It is necessary to decide according to relevant degree of 'riskiness of suicide and result of prevenient tort'. Korea Civil Code prescribe that the scope of damages due to other person's tort is restricted by obligee's probability of foreseeability. But the substantive enactment is not applied in the damages suit of tort, because a large number of tort arise from carelessness and negligence person cannot foresee the victim's damage. Only person committing intentional tort is responsible for damages without relevant degree of 'riskiness of suicide and result of prevenient tort'. The reduction of damages is decided by considering suicide and his member of family.
목차
Ⅱ. 자살손해의 법적 성질
1. 자살손해의 특징
2. 자살손해와 예견가능성
3. 자살을 예견할 수 있는 불법행위와 자살손해의 배상
Ⅲ. 자살을 예견할 수 없는 가해자의 손해배상범위
1. 문제의 제기
2. 손해배상범위에 관한 학설
3. 외국의 판례
4. 자살과 위험성관련이 있는 손해
5. 소결
Ⅳ. 손해의 분담
1. 문제의 제기
2. 과실상계
3. 비율적 인과관계
4. 소결
Ⅴ. 결
참고문헌
Abstract