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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The Civil Rights Act(1991) has introduced the compensatory and punitive damages in intentional discrimination cases. Before the Act, an individual, who suffered from employment discriminations only could file a petition for equitable reliefs in the EEOC. Because state courts, having jurisdiction over the damages claims, can’t hear cases from the Act that is enacted by the legislative power of the U.S. Congress under the federal preemption of the Constitution. The punitive damages itself, however, was not created by the Act(1991) but the damages have been recognized as a judicial relief by common law courts since the late 19th century. The punitive damages is a criminal penalty awarded by the civil procedures, which is a kind of primitive remedy from the view of the civil law system. Then, today, even the American judges would be reluctant to decide the damages in civil lawsuits.
To conclude, There are doubts about whether the punitive damages would work well with the Korean legal system that has kept the remedies separating the criminal reliefs from the civil reliefs. The punitive damages is awarded by the civil procedures, but is a criminal remedy for the purpose of punishing a wrongdoer and restricting the similar unlawful actions in the future. The Korean civil laws don’t have any institutional history about the punitive damages in the civil procedures. Then, if the punitive damages are introduced on a legislation by the National Assembly, it would mean that the legislature creates totally new judicial relief for the civil lawsuit. Above all it is difficult to expect that Korean judges would properly interpret and enforce the legislation including the punitive damages, even though the legislature could succeed in enacting it.
To conclude, There are doubts about whether the punitive damages would work well with the Korean legal system that has kept the remedies separating the criminal reliefs from the civil reliefs. The punitive damages is awarded by the civil procedures, but is a criminal remedy for the purpose of punishing a wrongdoer and restricting the similar unlawful actions in the future. The Korean civil laws don’t have any institutional history about the punitive damages in the civil procedures. Then, if the punitive damages are introduced on a legislation by the National Assembly, it would mean that the legislature creates totally new judicial relief for the civil lawsuit. Above all it is difficult to expect that Korean judges would properly interpret and enforce the legislation including the punitive damages, even though the legislature could succeed in enacting it.
목차
Ⅰ. 서론
Ⅱ. 고용차별 행위 구제수단으로서 손해배상제도의 역사
Ⅲ. 시민권법(1991)의 징벌적 손해배상제도의 원리와 해석
Ⅳ. 결론
참고문헌
〈Abstract〉
참고문헌 (14)
참고문헌 신청
1. [학술지(정기간행물)] - Samuel, A. Rea, Jr. / 1984 / Efficiency Implications of Penalties and Liquidated Damages / J. of L.Studies 13 : 147 ~ 167
2. [학술지(정기간행물)] - William S. Harwood / 1977 / Liquidated Damages: A Comparison of the Common Law and the Uniform Commercial Code / Fordham L. Rev 45 : 1349 ~
3. [학술지(정기간행물)] - Andrea Meryl Kirshenbaumt / 2001 / Kolstad v. American Dental Ass’N: The Opportunity for Punitive Damages in Employment Discrimination Cases / U.Pa.J. Lab & Emp. L 3 : 617 ~
4. [학술지(정기간행물)] - Douglas M. Staudmeister / 1996 / Gasping the Intangible: A Guide to Assessing Nonpecuniary Damages in the EEOC Administrative Process / Am.U.L.R 46 : 189 ~
5. [학술지(정기간행물)] - Joseph A. Seiner / 2008 / The Failure of Punitive Damages in Employment Discrimination Cases: A Call for Change / Wm. & Mary L. Rev 50 : 735 ~
2. [학술지(정기간행물)] - William S. Harwood / 1977 / Liquidated Damages: A Comparison of the Common Law and the Uniform Commercial Code / Fordham L. Rev 45 : 1349 ~
3. [학술지(정기간행물)] - Andrea Meryl Kirshenbaumt / 2001 / Kolstad v. American Dental Ass’N: The Opportunity for Punitive Damages in Employment Discrimination Cases / U.Pa.J. Lab & Emp. L 3 : 617 ~
4. [학술지(정기간행물)] - Douglas M. Staudmeister / 1996 / Gasping the Intangible: A Guide to Assessing Nonpecuniary Damages in the EEOC Administrative Process / Am.U.L.R 46 : 189 ~
5. [학술지(정기간행물)] - Joseph A. Seiner / 2008 / The Failure of Punitive Damages in Employment Discrimination Cases: A Call for Change / Wm. & Mary L. Rev 50 : 735 ~
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