Proper

Abstract

Punitive damages are to compensate for damages in excess of the actual damages suffered by the victim in cases that the acts of the perpetrator are accompanied by a violation, intimidation, malice, and deceit, etc. Punitive damages are generally understood to have not only the compensation of damages but also punitive and restraining properties of damages. Thus, punitive damages are judged to be a mixture of each function in private law and public law. In my opinion, the introduction of the punitive damages system under the Civil Law and other special laws is not thought to be positive. Namely, achieving the general preventive effect of punitive damages and punishing as the ultimate objective of punitive damages is possible sufficiently through the regulation of the area of public law.
Although some of the laws including the Civil Law have some claims for the introduction of the punitive damages system, it is more necessary to leave the punitive function in public law and to make a method to compensate for the victim's actual damages in private law.