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 -Unforeseeable Plaintiff and Pure Economic Loss in Korean Tort Law - Owners of Shops and Restaurants as "assembly and demonstration victims"?
- Other Titles
- Unforeseeable Plaintiff and Pure Economic Loss in Korean Tort Law - Owners of Shops and Restaurants as "assembly and demonstration victims"?
- Authors
- 김제완
- Issue Date
- 2010
- Publisher
- 서강대학교 법학연구소
- Keywords
- tort; damage; remoteness; unforeseeable plaintiff; pure economic loss; scope of victims; scope of protection; candle light demonstration; Assembly and Demonstration Act; 집시법; 촛불시위; 불법행위; 인과관계; 근접성; 예측가능성; 손해배상; 영업상 손해; 위자료; 피해자의 범위; 보호법익
- Citation
- 서강법학연구, v.12, no.1, pp.125 - 169
- Journal Title
- 서강법학연구
- Volume
- 12
- Number
- 1
- Start Page
- 125
- End Page
- 169
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/117417
- ISSN
- 1229-2958
- 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.
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