In Koreathe number of fire occurrence steadily increases, and the 41,862 cases occurredin 2010 years. The fire has the attribute that it is easily spread from the occurred place to other stuff in near. Toxic gases and smoke of the fire damage to other...
In Koreathe number of fire occurrence steadily increases, and the 41,862 cases occurredin 2010 years. The fire has the attribute that it is easily spread from the occurred place to other stuff in near. Toxic gases and smoke of the fire damage to other peoples' life and body. In addition, the uncontrollable natural phenomenon such as wind and humidity makes the damage larger than expected, according to a growing extent of fire damage at the beginning of its enlargement.
'Accidental fire liability law' is the law that it bails the perpetrators out of definitely extended liability of damages in 1961. Civil illegal acts liabilities of damages should be applied only if Misfire characters have serious negligence.
For a long time, 'Accidental fire liability law' provides the stability of sociallife under conflict situations of a fire. In other words, the only offenders of gross negligence pay compensation for damage caused by combustion, and damage by minor negligence has that victims had endured their losses themselves. And the general public as potential offender has avoid serious contention, they had been maintained no 'fire dispute' but 'silent condition'.
But, 2007. 9. 30. The Constitutional Court was declared "accidental fire liability law" does not conform to the Constitution, was to stop applying the law. The decision has caused a ripple effect on the fire dispute in our general public society.
Because of the urgency and importance issues, the government quickly was carried out procedures of hearings and debate and the survey, and National Assembly worked an amendment to the laws. As a result, 2009. 5. 8. All the amended 'accidental fire liability law' came to be performed. The main contents has that victims can beheld responsible for damages in both cases from the Misfire illegal acts, but only if offender has minor negligence has to charge reduction of a claim for damages . In this fact, it has can be said that the abolition of 'accidental fire liability law' that has been given the specificity of 'A minor negligence immunity'.
Depending on the implementation of amended the law, the fire victims will be charged for all damages at any time in regardless of whether the offender of gross negligence or a minor negligence. This has relief of victim's rights has further strengthened the side. In contrast, if the offender has the minor negligence must be prepared for difficulties which must have also compensate for expanded losses. As a whole, the number of fire disputes as 'silent condition' ware expected to grow rapidly in the future. Therefore, the general public as potential offender in advance have must prepare which has strengthen fire prevention of self-owned or controlled the building or provide for an extended infinitely for damages.
This paper has the objective of the legal measures to provide relief to the fire victims based on the above such recognition. The range of discussion, first, that has redefined the legal concept of the fire in terms of protection of fire victims. Second, that has attempted systematic analysis on the status of the fire cause and the fire damage. Thirdly, if you have suffered due to fire damage will review of the contents and the case on the Misfire liability and special liability on the civil liabilities for damages. Forth, that will investigate of the contents and problems and improvement of the current fire insurance as public insurance system to complement the limitations of liabilities for damages. Finally, synthesize them and discuss the future challenges.