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영어

If there has been any fault on the part of the obligee in regard to the non-performance of obligations, the court shall take it into account in determining the liability for and assessing the amount of the damages. This is so-called ‘compensatio culpae’. It is regulated in the article 396 of the Korean Civil Code in case of the non-performance of obligations, and this article shall apply ‘mutatis mutandis’ to claims for damages caused by torts. In case of the non-performance of obligations, it is unfair that the obligee claims for damage caused by his negligence, thus the court shall take it into account in determining the liability for and assessing the amount of the damages. Therefore, we can understand that ‘compensatio culpae’ is recognized to realize the equitable share of damages. But, there are so many issues in question on the legal principles of the ‘compensatio culpae’. Therefore, the legal principle on the ‘compensatio culpae’ is need to be reviewed at present. Therefore, this article deals with the meaning of negligence on the ‘compensatio culpae’, the ‘compensatio culpae’ and the capacity of the liability, the application of the ‘compensatio culpae’, and the ‘compensatio culpae’ and the negligence of the third party, etc. And finally, to conclude, the results are summarized and the newly reformed legal principle of the ‘compensatio culpae’ is suggested.