Many judges, prosecutors, government attorneys, and other members of the legal system in Korea have expressed public displeasure in the inconsistency of damage awards and the low amount of damages provided in compensation for even intentional torts committed in Korea. We suspect by the end of this year that the “Method for Calculating Appropriate Compensation for Damages by Type of Tort” shall be amended.
Calculation of Civil Damage Awards in Korea
The Korean Supreme Court formed the Damage Compensation Litigation Research Association (Chairman, Chief Judge Hyung-Soon PARK). This group held its second meeting in March and it seems like the focus is on a means to increase compensation for mental distress based on a “fair and objective” criteria. The group is comprised of around 100 judges.
Additionally, the Judicial Policy Research Institute is also conducting research on compensation calculation methods and we suspect to hear more from the Korean court system by the end of the year. We shall update the reader when more is known.
by Sean Hayes
Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only a few non-Korean lawyers as a Top Attorney by AsiaLaw. Sean is regularly quoted by leading international media sources, including the Wall Street Journal, New York Times, France 24, and Bloomberg.
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