지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Joint and several liability has long recognized that tortfeasors who act in concert, who independently contribute to a single indivisible injury or who otherwise share responsibility for the wrongful act can be held liable for the entirety of a plaintiff’s damage.
In Republic of Korea, professors and judges established legal theory and res judicata which provide that if concurring or successive acts of negligence of numerous persons combined together caused the plaintiff’s injury, he may recover damages of either of both, and neither can interpose the defense that the prior or concurrent negligence of the other contributed to the injury.
In decision 2007Da16007 Korean Supreme Court, however, sentenced differently without en banc. It is unclear whether the Court imposed the tortfeasors’ liability separately based on individual contribution of the damage or comparative responsibility.
The author insists that 1) the Supreme Court supposed to sentence the court decision in en banc, and 2) need to reform current legal theory and res judicata on the joint and several liability of tortfeasors.
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