초록

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Abstract ▼ AI-Helper

This paper is aiming at the detailed analysis of Section 761 of Korean Civil Code, that is ruling the self-defence and the defense of others. Its main part could be divided into the two areas including requirements and effects of the self-defence and the defense of others. When the person defending ...

This paper is aiming at the detailed analysis of Section 761 of Korean Civil Code, that is ruling the self-defence and the defense of others. Its main part could be divided into the two areas including requirements and effects of the self-defence and the defense of others. When the person defending his own interests and the others" interests is asked to compensate for the damages caused in the course of the protection, he or she could have a defence if he or she would establish and prove the requirements for the defence including the existence or threat of the unlawful attack from the plaintiff or others, his or her intention of protection of the interests, the proportionality between the interests of plaintiffs and defendants, the necessity and inevitability of taking the method for the protection, and the on-going threat to the interests of the defendant or the others. If the defendant in tort liability action would succeed in establishing and proving such requirements, his or her could be exempt from the liability for the damage inflicted to the plaintiff. There are some critical issues related with the corporal punishment by a teacher in school. They include the issues of whether the punished student"s attack directly aiming at the infringement of the teacher"s right to teach or the students" right to learn or not, whether the teacher had the intention of protection of the interests or not, whether the value in the interests of the teacher or the other students precede the value in the interests of the personal rights damaged by the corporal punishment. There is no possibility that the teacher"s liability could be excluded through the self-defence or the defence of others if he or she punished the students corporally only for the education or retaliation of the students, or if the corporal punishment was put on the students who ended their wrongdoing completely, and so on.

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