대체 형벌로서의 징벌적 손해배상 제도 = Punitive damages as a substitute punishment

다국어 초록 (Multilingual Abstract)

Punitive damages are damages on an increased scale, awarded to the victim over and about what will barely compensate him for his property loss, where the wrong done to him was aggravated by circumstances of violence, oppression, malice, fraud, or wanton and wicked conduct on the part of the offender, and are intended to solace the victim for mental anguish, laceration of his feelings, shame, degradation, or other aggravations of the original wrong, or else to punish the offender for his evil behavior or to make an example of him.
Punitive damages have been a part of United States legal system for many, But They are a new type of damages in Korean Criminal Law.
I examine the implication of punitive damages in Korean Criminal Law. And I examine some fundamental issues in detail.
This damages are the effective system in view of the fact that it satisfies one’s desire of punishment against criminals, relieves the overpopulation of reformative institutions and cuts down the expenses, at the same time, results in the social-defense through the effective guard against criminals.
Besides, it is easy for criminals to return to society, so I think it as the substitute punishment of imprisonment imposed frequently in Korea.
Therefore, I hope that we will introduce this system as the substitute proposal of short-tern imprisonment, the additional condition in the case of a suspended sentence.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 징벌적 손해배상 제도의 의의
• Ⅲ. 징벌적 손해배상 제도의 연혁
• Ⅳ. 징벌적 손해배상제도의 기능
• Ⅴ. 징벌적 손해배상의 적용범위
• Ⅵ. 징벌적 손해배상액의 산정기준
• Ⅶ. 징벌적 손해배상 제도의 도입을 위한 논의
• Ⅷ. 결론
• 【참고문헌】
• [Abstract]