法規違反行爲로 인한 손해배상청구권의 主體 및 營業損失 인정 여부 - 집시법 위반행위자에 대한 인근 상인들의 손해배상청구에 관하여 -

Abstract

In 2008 a nationwide dispute was raised on the possible danger of BSE(bovine spongiform encephalopathy) when the Korean government decided to open market to the beef exporters of the United States. Millions of people assembled at the Seoul Plaza and demonstrated against government's policy. Even thousands of female middle school students joined the demonstration with candle lights, after which they named this event "candle light demonstration 2008."Organizers of the demonstration were prosecuted on the ground that they infringed a couple of the Assembly and Demonstration Act regulations as they had lost control of some participants. Not only in the criminal courts but also in the civil courts were the organizers sued by the owners of shops and restaurants near the Plaza claiming that they suffered damages from the demonstration. This article is discussing the tort law issue whether the economic loss of the owners of shops and restaurants might be recovered by the court. The author presents a review on the scope of protection in Korean tort cases and an analysis on the remoteness, unforeseeable plaintiff and pure Economic loss in a comparative law aspect. As a conclusion the author suggests that we need to find the balance between the various values of our law including the constitutional aspect of the case.