Intention

Intention (고의/故意) means a specific state of mind which anticipates or foresees the goal or consequences of an action or series of actions such as wrongful damage to the other party.

Intention is a specific purpose in performing an action or series of actions, the end or goal that is aimed at. Outcomes that are not anticipated and not foreseen are known as unintended consequences.

Key words
intention, unintended consequences, willful misconduct, negligence, responsibility

Intention v. willful misconduct
The Criminal Act stipulates that an act performed through ignorance of the facts which comprise the constituent elements of a crime shall not be punishable, except as otherwise provided by law. Article 13 (Criminal Intent, 범의/犯意).

Previously it was argued whether the outcome should be intended for the fulfilment of intention.

Nowadays intention is acknowledged when, knowing the consequences of one's action, such consequences are simply accepted. This state of mind is called a willful misconduct (미필적 교의/未必的故意).

The Supreme Court ruled that a willful misconduct means performing an act with one's state of mind that the occurrence of the consequences is not certain but perceiving the occurrence of such consequences and further accepting such consequences.

It is often compared with negligence with perception (인식있는 과실) that one foresees the consequences of one's act, but negligently rules out the occurence. Pursuant to Article 14 (Negligence) of the Criminal Act, an act performed through ignorance of the facts, which comprise the constituent elements of a crime by neglect of normal attention, shall be punishable only when prescribed so by law.

Requirement for Responsibility
Like negligence (과실/過失), an intention is an indispensible factor to make a person to be responsible fpr his/her breach of contract or wrongful action.

In a civil action, there is no difference between intention and negligence.

However, in a criminal case, the intention of a criminal is always requisite while negligence, sometimes gross negligence, is specifically required in a certain crime like manslaughter with negligence or accidental homicide.

It should be noted that an intentional act is exceptionally treated in the following case: Where the obligation has arisen from an intentional unlawful act, the obligor cannot avail himself of a set-off against the obligee. Article 496 of the Civil Act.