@article{ART002151759},
author={yim yoon-soo and 최현숙},
title={Legislative Analysis on the Scope of Damage Compensation},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2014},
volume={2},
number={1},
pages={97-130}
TY - JOUR
AU - yim yoon-soo
AU - 최현숙
TI - Legislative Analysis on the Scope of Damage Compensation
JO - Legal Theory & Practice Review
PY - 2014
VL - 2
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 97
EP - 130
SN - 2288-1840
AB - Article 393 of the Civil Code of Korea is set as the standard of determining the scope of damage compensation based on defaults and the scope of damage compensation is determined through interpretations of the same Article. Moreover, the same Article applies to damage compensation based on damage in tort, thus, the scope of damage compensation based on damage in tort is also determined by the same Article. Case law and the conventional view relating to the interpretation of Article 393 of the Civil Code have applied the proximate causation theory, which determines the scope of compensation based on the existence of causal relationship.
However, new theories that criticize the proximate causation theory, the existing conventional view, and suggest new standards for the scope of damage compensation have been introduced recently. Such new theories criticize that the proximate causation theory only deals with determining the scope of compensation as an issue on the existence of a causal relationship from beginning to end, and allege that the process and result of damage compensation should be treated as an independent issue over three phases, which are the factual causal relationship as an establishment element of compensation responsibility, determination of the scope of compensation, and calculation of the amount of compensation.
The legislative attitude should be correctly understood when theoretically explaining the scope of damage compensation of Article 393 of the Civil Code in order to proceed with a theory suitable to the positive law, so that such theory may comply with the positive law. Thus, this Article will review and compare the English and American law that recently has set its basis in the foreknowledge possibility legal principle, which is one principle of damage compensation, and the German, French, and Japanese law that is affecting the scope of damage compensation of the Civil Code of Korea, seek the proper interpretation and application direction of Article 393 of the Civil Code, and compose a more systematic logic to determine the scope of damage compensation.
KW - compensation for damage;proximate causal relation;ordinary damages;special damages;tort.
DO -
UR -
ER -
yim yoon-soo and 최현숙. (2014). Legislative Analysis on the Scope of Damage Compensation. Legal Theory & Practice Review, 2(1), 97-130.
yim yoon-soo and 최현숙. 2014, "Legislative Analysis on the Scope of Damage Compensation", Legal Theory & Practice Review, vol.2, no.1 pp.97-130.
yim yoon-soo, 최현숙 "Legislative Analysis on the Scope of Damage Compensation" Legal Theory & Practice Review 2.1 pp.97-130 (2014) : 97.
yim yoon-soo, 최현숙. Legislative Analysis on the Scope of Damage Compensation. 2014; 2(1), 97-130.
yim yoon-soo and 최현숙. "Legislative Analysis on the Scope of Damage Compensation" Legal Theory & Practice Review 2, no.1 (2014) : 97-130.
yim yoon-soo; 최현숙. Legislative Analysis on the Scope of Damage Compensation. Legal Theory & Practice Review, 2(1), 97-130.
yim yoon-soo; 최현숙. Legislative Analysis on the Scope of Damage Compensation. Legal Theory & Practice Review. 2014; 2(1) 97-130.
yim yoon-soo, 최현숙. Legislative Analysis on the Scope of Damage Compensation. 2014; 2(1), 97-130.
yim yoon-soo and 최현숙. "Legislative Analysis on the Scope of Damage Compensation" Legal Theory & Practice Review 2, no.1 (2014) : 97-130.
