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생활권침해(生活權侵害)에 대한 손해배상청구권(損害賠償請求權)의 법리(法理)
조일환 동의대학교 지방자치연구소 1985 공공정책연구 Vol.1 No.-
The infringement of right, one of the legal factors for the causation of responsibibility which is regarded as an illegal activity, is an infraction of upholding the law benefit acco-rding to the private opinion. The illegal activity of infringement of right of life cannot be made unless there is an occurrence in consequence of the victim`s death. The provision 750, virtually one of the general stipulations for the illegal activity in the civil law, imposes the indemnity obligation upon a person who inflicts the damages on other person, by intention or lapse. Any infringement of tight of life couldn`t possibly exist without the termination of the victim`s life in accordance with the national stipulation ag-ainst the infringement of right of life. In order for us to define and assert the infringement of right of life, there accordingly should be ensued a victim`s death. Mostly both the constituent of causation of responsibility in the illegal activity and the damages incurred by the infraction of right could be strictly distinguished. The intention or the lapse is involved only in the infringement of right of body. When the victim`s death results from both the infringement of right of body and the corresponding causation when the infringement of right of body precipitates a considerable loss, the illegal doer shall be liable to assume the indemnity against the death. Nobody can doubt about a theory of law of illegal activity, and the infringement of that illegal activity is not an infringement of right of life but that of right of body. It should be remembered that the extent of indemnity against the claims which bases on the illegal acitivity in consequence of the infringement of right of body exerts only the loss incurred by the death.
曺日煥 東義大學校地域社會開發硏究所 1985 공공정책연구 Vol.1 No.-
The infringement of right, one of the legal factors for the causation of responsibility which is regarded as an illegal activity, is an infraction of upholding the law benefit according to the private opinion. The illegal activity of infringement of right of life cannot be made unless there is an occurrence in consequence of the victim's death. The provision 750, virtually one of the general stipulations for the illegal activity in the civil law, imposes the indemnity obligation upon a person who inflicts the damages on other person, by intention or lapse. Any infringement of right of life couldn't possibly exist without the termination of the victim's life in accordance with the national stipulation against the infringement of right of life. In order for us to define and assert the infringement of right of life, there accordingly should be ensued a victim's death. Mostly both the constituent of causation of responsibility in the illegal activity and the damages incurred by the infraction of right could be strictly distinguished. The intention or the lapse is involved only in the infringement of right of body. When the victim's death results from both the infringement of right of body and the corresponding causation when the infringement of right of body precipitates a considerable loss, the illegal doer shall be liable to assume the indemnity against the death. Nobody can doubt about a theory of law of illegal activity, and the infringement of that illegal activity is not an infringement of right of life but that of right of body. It should be remembered that the extent of indemnity against the claims which bases on the illegal activity in consequence of the infringement of right of body exerts only the loss incurred by the death.