징벌적 손해배상을 명한 외국판결의 승인·집행에 관한 고찰

When the judge of the country should decide to the recognition and enforce-ment of a foreign judgement containing punitive damages, it is a matter for de-bate whether the foreign judgement is what is on the civil transaction, and whether it is contrary to our good public order and customs that he recognize the effect of it. The primary aim of this paper is to offer some solution to these issues. Where he inspect whether the acknowledgment of the effect is our policy of the law, he must not estimate materials of the foreign judgement. Moreover, international relations formed with international transactions would be respected. It is desirable to pass careful judgement. That is, it causes such a severe result that it is considered unacceptable judging by moral senses and public interests. When it is questionable whether it is offend against our public policy or not, that we recognize the effect of the foreign judgement which has the institution of damages that are different from ours, we ought not to concern about only the discrepancy in the institutions, but have to focus whether it would be permitted to accept the concrete outcomes of the application of foreign laws according to the basic principles of domestic laws. For this, we should delve into and compre-hend domestic primary law and order, the fundamental principles of domestic substantial and procedural laws.