자유주제(自由主題) ; 불법행위(不法行爲)의 성립요건(成立要件)에 관한 학설(學說) 및 판례(判例)의 동향(動向) = Requirements regarding the establishment of tort theory and case law trends

다국어 초록 (Multilingual Abstract)

Ancient and medieval law, any act that occurred when damage occurs on the results to be admitted liability. Modern law has a responsibility in accordance with the principles of negligence liability for damages in accordance with the established requirements to recognize the illegal determined. It needs ① Significance ② harmful act ③ loss ④ responsibility. Modern society due to the complexity and diversity of life forms is also a variety of legal actions vary accordingly tort. Thus, the law of tort theory to investigate`` the deficiencies discussed the theory and to review the cases. Conscious and scienter tort with respect to the act with conscious and act without regard to the presence or absence of responsibility to distinguish the responsibility of the tort is established that the saw. injuria illegality should be even, and who has a commissive duty and nonfeasance of duty is recognized as tort, Rechtsgutsverletzung against the legal interests of the distinction between types. there is a causal relationship between a theory of multiple criteria should debate was organized. About a harmful act(tort) and happen to infringement. Recognized in the case law and the case law tort did not admit tort, facts and precedents were summarized in the judgment of the court. In conclusion, the profound reality of the mass tort (ex: environmental pollution, consumer damage, product damage, medical malpractice, invasion of privacy) in the development of an industrial society is increasing damage. Thus, the regulatory tort, damages and damages for injuria of the required equity is getting more and more desperate. so can we meet the revised legislation and the importance of the need for supplementation significantly increased. Thus, for our civil law and case law complement the deficiencies in proposed direction of future legislation heavily importance as a source of case law to recognize trends described.