Compensation for damage

Determination of the amount of compensation for emotional harm to another person caused by tort

Compensation for emotional harm is a financial compensation paid to the victim for the damage to personality interests or identity or the mental distress suffered by the victim. According to the provisions of Tort Liability Law, where a tort infringing personal rights or interests of another person inflicts a serious emotional harm on the victim, the victim may require compensation for emotional harm. The personal rights and interests include, inter alia, the right to life, the right to health, the right to name, the right to reputation, right to self-image, right of privacy and right of guardianship.

On how to determine the compensation for emotional harm laws does not make unified regulation, and judges shall base on the specific situation of the case and consider factors such as the subjective fault of the tortfeasor, the degree of emotional harm suffered by the victim and the economic status of the tortfeasor, to determine the compensation.