未成年者의 不法行爲에 대한 監督者의 賠償責任 = The liability of the supervisor for the torts of a minor

다국어 초록 (Multilingual Abstract)

According to Korean Civil Code Article 755 as prescribed in the liability of the supervisor to a minor, the supervisor``s liability is ruled by strict liability as a disclaimer condition only if there is no liability for a minor. So if a minor has tort capacity, it is interpreted that the supervisor is responsible as a general tort liability of Civil Code Article 750. In other words, it is beyond the limits of the law interpretation to apply Civil Code Article 755 for the torts of a minor who has tort capacity. So it seems more consistent with the interpretation of the existing law that to the supervisor of a minor ask the general tort liability based on the Civil Code Article 750 which is consistent with Civil Code Article 913. However, if so the burden is generated in victim``s side, which the victim should prove the parental negligence as well as the causation of damages. Therefore, the indictment is occurred that the relief of the victim to recover damages from acts of a minor is subject to significant influence depending on whether the minor has tort liability. However, it is virtually impossible to set a established standard which determines whether a minor has tort capacity, and if so that the parents are responsible is more accord with Korean common law emotions. Also to protect victims seems more correspond to the ideals of modern tort law in order to fair and reasonable damages adjustment. Accordingly, in order to solve this problem fundamentally it seems more desirable to revise Civil Code Article 755, which even if a minor is responsible for his actions the supervisor must take responsibility of it by a requirement for breach of the duty to supervise a minor, as in the case of the German Civil Code Article 832 or Korean Civil Code amendment.