安全配慮義務에 관한 硏究

• 영문명: A Study on Obligations of Safety Consideration
• 발행기관: 한국부동산법학회
• 저자명: 최창렬(Chang-Ryul Choi)
• 간행물 정보: 『부동산법학』부동산법학 제10권, 101~129쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

In general, the civil law assumes free formation of representations based on the private autonomy of the main constituents of equal and independent rights. When industrial accidents take place in the progress of industrial society, civil damages may be claimed post factum, but they need to be prevented by demanding employers to guarantee a safe working environment protecting workers' life and physical safety from risks. Likewise, the obligations of safety consideration are comprehensive ones recognized to remove the dangers of workers' life, bodies and properties arising in a course of employees using the installed equipment or appliances, or providing labor in accordance with instructions. The obligations of safety consideration initially discussed at labor contracts, but gradually entered into social relations such as undertaking contracts, transportation contracts, medical contracts and accommodation contracts and the like, are inclusive ones to for one or mutual parties secure the other party's life or physical safety. Then these obligations are not statutorily provided, so arguments have been initiated as to what is the basis to accept such obligations. For the basis of the responsibility, the prevailing tendency is that civil law scholars largely understand them as depending on incidental obligations admitted at the principle of good faith in case of special social contact relations, while labor law scholars mainly understand them as fundamental ones based on the survival rights of workers in the Constitution. However, it will be thought valid not to explain them with the same grounds to all areas such obligations of safety consideration, but to divide them into that based on survival rights in case of high risky areas like labor contracts, and that based on the incidental ones in the principle of good faith in case of general social contact relations. Relieves to damages in the obligations to secure safety, claims of indemnifications, refusals of labor benefits, and claims of performances can be accepted, but those in the obligations of safety consideration, only claims of indemnifications are considered to be accepted. The reason for refusal rights of labor benefits in the obligations to secure safety is that refusing the obligations of benefits may be admitted based on personality rights. Thus, even refusing labor benefits does not assume the responsibility of non-performance, does nor lose claims of wages. In the obligations to secure safety, accepting performance requests to remove any life or physical risks if any, demands preventive measures of accidents at the labor scene directly linked to workers' survival rights. And it is discussed to see the character of the responsibility of damages due to the breach of the obligations of safety consideration as the responsibility of a tort, or that of non-performance of liabilities. Regarding this matter, the responsibility of damages due to the breach of the obligations to secure safety should be understood as that of non-performance by the incomplete performance of liabilities, and in case of general obligations of safety consideration, it is between that of non-performance and that of a tort, so that of non-performance of liabilities will have to be analogically applied. Thus in the obligations to secure safety, workers suffice to prove abstract obligations to secure safety, and its non-performance,, but in those of safety consideration, concrete existence and non-performance facts will have to be proved.

목차

Abstract

Ⅰ. 序論

Ⅱ. 安全配慮義務의 體系

Ⅲ. 安全配慮義務의 適用要件

Ⅳ. 安全配慮義務의 效果

Ⅴ. 結論

참고문헌