청헌 김증한 교수님의 共同不法行爲論의 재조명

A Review of the Professor Kim Jeung Han’s Theory on the Joint Tortfeasors

The purpose of this essay is to reappraise the Professor Kim Jeung Han’s theory on the joint tortfeasors and commemorate his achievements in the Korean Civil Law Studies. He published his essay on the joint tortfeasors in 1965. At that time, the theory on the joint tortfeasors was passing through a great change following the social currents. Many questions were fired at the traditional theory, that is ‘the Theory of the Objektive Gemeinschaftlichkeit’. That traditional theory was not apt for solving the problems caused and increased by the development of industry, that is, the contamination of environment and traffic accidents. So Professor proposed new theory, ‘the Theory of the Subjektive Gemeinschaftlichkeit’. This theory had great influences on the law education and law practices. Even today it has important meanings as follows. Firstly, it finds out the institutional meaning of the Article 760 of the Korean Civil Code. Secondly, it rearranges the system of the Joint Tortfeasors and Concurrent Tortfeasors. Lastly, it adjusts the interests of the victim and those of the tortfeasors very efficiently. The Theory of Professor Kim Jeung Han makes it possible to cope with many difficult problems caused by the social divelopement. At last it influenced the Draft Bill of Law Reform 2011.