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自動車 事故로 인한 逸失利益의 算定에 관한 硏究 원문보기

  • 저자

    오상현

  • 학위수여기관

    水原大學校 大學院

  • 학위구분

    국내석사

  • 학과

    司法行政專攻

  • 지도교수

  • 발행년도

    1996

  • 총페이지

    iii, 57 p.

  • 키워드

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T8953654&outLink=K  

  • 초록

    In recent years the enormous economic development and the enlargement of the car industry brought about the increase of traffic quantity and the mass production of cars. At the same time, our daily life is inevitably involved with the possibility of personal injuries. These personal injuris are caused mostly by the traffic accidents. What should be the compensation for the death and the injuries that caused by traffic accidents is important matters in our social problems. Also, how we judge the value of human life and body is a mostly important subject in studying the social-welfare system in our country. In this thesis, special attention was paid on the protection of the injured parties according to the principles of the value of human life and expected loss of earnings either by the death or injuries. The Korean Civil Code provided the followings in article 750 : "Any person who causes dmage to or inflicts injuries on another person by an unlawful act intentionally or negligently is bound to make compensation for damages arising therefrom." Therefore, the defendent should make compensation for the plaintiff's damages in mental and material loss. We say the material loss consists of the positive and prospective damages. Though prospective damage is very difficult for us to theorize for making fair and just compensation. We have no alternative but to try our best to extend reasonable sum of compensation according to the respective cases. Generally in the case of death, the calculation of the sum of the prospective earnings is based on this method : (monthly earnings monthly living expenses) X prospective earning period-interim interest. However, the monthly earnings means what the person could have earned, not what he would have earned. If we adhere to the literal meaning of the earning, we can't find the proper legal base for fair compensation of child, house wife or unemployed. So in those cases a concrete and reasonable calculation should be made according to the suffered party's employment and other factor.


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