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A Study of the Tort Liability in North Korea

  • DONG-A LAW REVIEW
  • 2015, (67), pp.1-26
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

SONG YOUNGMIN 1

1동아대학교

Accredited

ABSTRACT

An author intends to analyze features of the Personal Damage Act(PDA) in North Korea through the comparison of the damages law between the South Korea and the N.K. Conclusions are as follows: First, the compensation for personal damage is restricted to a tort. The Civil Act of the N.K. Section 246(2) provides that A person who infringes on a human dignity or honor, and leaves another’s body and personality with indelible scars should compensate without reference to prescription. This Section could be construed as a positive protection against the tort. Second, someone insists that the compensation of the PDA of the N.K. does not cover infringement of the human body, but only covers an infringement of freedom, honor or personality. An author thinks, however, that there is no a resonable reason to interpret restrictively the Section 246(2) in relation to Section 248 of the PDA. Third, Section 45 of the PDA provides that right to the compensation against an infringement of the human body should not be transferred. It is notable that this is similar to Civil Law both in Germany and Japan. Forth, it should also be pointed that, where a victim dies, a lost income is not recognized. Finally, an extinctive prescription of a bond is only one year, but, in case of an infringement of the human dignity or honor, and leaves another’s body and personality with indelible scars, the victim is able to claim his or her damages without prescription.

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