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A Critical Study on the Punitive Damages under the Korean Legal System

  • DONG-A LAW REVIEW
  • 2017, (74), pp.43-86
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : December 30, 2016
  • Accepted : February 22, 2017
  • Published : February 28, 2017

JEOM IN LEE 1

1동아대학교

Accredited

ABSTRACT

In Korea, there has been an on going controversy over the adoption of punitive damages. Among the legal scholars, the overriding opinion over the system was mostly negative. However, recently the argument that punitive damages should be adopted in specific cases started gaining momentum and in March 11th, 2011, with the revision of the “Fair Transactions in Subcontracting Act” punitive damage was first adopted. In addition, punitive damage system was adopted in “Act on the Protection, etc. of Fixed-Term and Part-Time Employees,” “Use and Protection of Credit Information Act”, and “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc”, thereby becoming law in force. Due to the casualties caused by Oxy Reckitt Benckiser Group plc.’s sale of humidifier sanitizers, the public is demanding that punitive damage applies comprehensively to Product Liability Law. The national assembly considered the public argument and suggested the adoption of punitive damages in various acts and some of them have been ratified. So Korea’s punitive damage system will be compared with that of the US, which could be deemed as the origin of punitive damage system and Korea’s current punitive damage system will be assessed and an effective method to implement punitive damages successfully will be suggested.

Citation status

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