Law Law

Tort Law in South Korea

By Sang Joong Kim, Seil Ko
Kluwer Law International August 2024

Specifications

ISBN-13
9789403502793
Publisher
Kluwer Law International
Publication
August 2024
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in South Korea. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale.

Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in South Korea. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Table of Contents

List of Abbreviations
General Introduction

Part I. Responsibility for Your Actions
Chapter 1. General Principles
Chapter 2. Specific Cases of Liability

Part II. Liability for Acts of Others
Chapter 1. Vicarious Liability

Part III. Forms of Strict Liability
Chapter 1. Road and Traffic Accidents
Chapter 2. Product Liability
Chapter 3. Liability for Service
Chapter 4. Environmental Liability
Chapter 5. Others

Part IV. Defenses and Exception Clauses
Chapter 1. Limitation of Action
Chapter 2. Grounds of Justification
Chapter 3. Exemption Clauses

Part V. Causality

Part VI. Remedies
Chapter 1. General Principles
Chapter 2. Kinds of Damages
Chapter 3. Assessment and Compensation of Damages
Chapter 4. Person Injury and Death
Chapter 5. Various Damages (Property)
Chapter 6. Others Remedies

Selected Bibliography
Index
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