A Study on Injunctions as an Effect of Tort (불법행위효과로서의 금지청구권)

Yeon Hwa Jun (연화준)

A Study on Injunctions as an Effect of Tort

Legal Theory & Practice Review
Abbr : LTPR
2018, 6(4), pp.255-276
Publisher : The Korea Society for Legal Theory and Practice Inc.
Research Area : Social Science > Law

Yeon Hwa Jun ¹

¹극동대학교

Candidate

ABSTRACT

The current Civil Law provisions recognize damages and restitution as remedies after damages caused by unlawful acts because of illegal acts, but it is a method to prevent illegal acts in advance There is no general provision, but there are only provisions of the individual law by type of rights, and there is no general ground rule for legal interest infringement. However, as the society is changing and the need to protect the rights of new emerging legal rights is increasing, the necessity of provision of general grounds for the right to claim for prohibition is affirmed to the limit of individual ground rules. In the meantime, the trends of the doctrines and judicial precedents have positively recognized the necessity of the right to demand for prohibition according to the trend of the times. Especially, the effect of the illegal act in the judgment of the Supreme Court of Korea And made a breakthrough decision that broadened the scope of recognition of prohibition claims. Under these circumstances, it is appropriate that the new provisions of Article 766-2 of the amendment of the Civil Law of 2012 have complementarity with respect to the liability system for damages due to illegal acts of Article 750.

KEYWORDS

Torts, Injunction, Korean Civil Act Article 750, Damages, Illegality Judgment

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