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
오류제보하기
It may be injunction and damages that are two major remedial measures to enforce
private laws. Damages have a function to compensate a victim's losses on the case of the
infringement of its entitlement not only under common law jurisdictions but under civil law
jurisdictions. However, the approach of the common law to injunction is said to be totally
different from that of the civil law. Every infringement of entitlement may be prohibited by
injunction in the United States, if the requirement for injunction is met, regardless of the
kinds of underlining rights. But, courts in Korea will vest a plaintiff with injunctive relief
only if he or she succeeds in proving the violation of his or her proprietary rights or quasi
proprietary rights except for the rights created by statutes to furnish an injunctive power.
The Korean style enforcement of an injunctive relief shares its common characteristics
with other civil law countries including Japan and Germany. It is said that such an
enforcement may be justifiable for the consideration of foreseeability. It is strongly required
that the basis for new rights should be foreseen. However, It is easy to predict that all
kinds of remedial measure can be provided if the rights are violated. Therefore,
foreseeability can't be a justification for the exclusion of the application of injunction. So,
the practice of common law in an injunctive relief has a considerable implication to the
application of injunction in Korea.
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