피해자의 자살에 대한 불법행위자의 책임 (The injurer's damages liability due to victim's suicide)

서지정보

· 발행기관 : 민사법의 이론과 실무학회
· 수록지 정보 : 민사법의 이론과 실무 / 15권 / 2호 / 47 ~ 84페이지
· 저자명 : 이우석

초록

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.

영어초록

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.

참고자료

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