KJCKorea
Journal Central

@article{ART001613526},
author={Sungkyu Park},
title={A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-},
journal={Korea Real Estate Review},
issn={2092-5395},
year={2011},
volume={21},
number={3},
pages={229-256}

TY - JOUR
AU - Sungkyu Park
TI - A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-
JO - Korea Real Estate Review
PY - 2011
VL - 21
IS - 3
PB - korea real estate research institute
SP - 229
EP - 256
SN - 2092-5395
AB - Scholars in the field of law and economics have developed an various theoretical literature on the economic effects of liability rule in accidents, but have done little empirically testing of theoretical models. Institutionally, Korea have given a judge the full authority of damages decision in accident case. The probability of court’s abuse of judicial discretion can lead to inefficient outcomes. This study proposes to show these inefficiencies through analyses of case studies. It is common knowledge that courts can make errors in decisions regarding damages owing to asymmetric information and vagueness in standards. An important problem that this study addresses is that such constraints can effect random errors in court’s decisions on appraisal accidents. Because lack of consistency in court’s decisions cause incentives on the part of potential injurers or injured to engage in inefficient activities. In this respect, Korean courts’ excessive application of negligence rules in accident cases needs to be modified. And, strict liability rule in cases of professional accidents and the revised 50% threshold rule to complement contributory negligence in the US may serve as good references.
KW - accident;negligent;damages;comparative negligence;appraisal;abuse of discretion
DO -
UR -
ER -

Sungkyu Park. (2011). A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-. Korea Real Estate Review, 21(3), 229-256.

Sungkyu Park. 2011, "A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-", Korea Real Estate Review, vol.21, no.3 pp.229-256.

Sungkyu Park "A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-" Korea Real Estate Review 21.3 pp.229-256 (2011) : 229.

Sungkyu Park. A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-. 2011; 21(3), 229-256.

Sungkyu Park. "A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-" Korea Real Estate Review 21, no.3 (2011) : 229-256.

Sungkyu Park. A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-. Korea Real Estate Review, 21(3), 229-256.

Sungkyu Park. A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-. Korea Real Estate Review. 2011; 21(3) 229-256.

Sungkyu Park. A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-. 2011; 21(3), 229-256.

Sungkyu Park. "A Law and Economic Analysis of Abuse of Judicial Discretion -Focusing on the Damages Decision in Appraisal Accidents-" Korea Real Estate Review 21, no.3 (2011) : 229-256.