미국 배액배상제도 및 법정손해배상제도의 도입에 관한 소고

A study on the introduction of the U.S. statutory damages and multiple damages

In the past several years, new civil damages systems have been introduced in Korea. Statutory damages provision is present in copyright law according to Free Trade Agreement between the Korea and the U.S. The revised ｢Fair Subcontract Transaction Act｣ provides treble damages for violations the laws. Some scholars regard treble damages as punitive damages, overemphasizing the negative feature of the new civil damages system. However, the new civil damages provisions, the statutory damages and multiple damages are different with punitive damages in several significant ways. In the U.S., whereas punitive damages have always been a common-law remedy, new civil damages system are entirely statutory. Unlike punitive damages, which is awarded only when the tortfeasor causes harm by conduct that is motivated by malice, multiple damages or statutory damages are provided just upon finding that the defendant has violated the statute regardless defendant s state of mind. Another important difference is that it has been recognized that multiple damages may serve not only to punish and deter defendants but also to help compensate plaintiffs. This article, pointing these differences, argues that new civil damages system may be good alternatives in some under-compensation and under deterrence torts areas.