민법상 안전배려의무의 법리에 관한 고찰

• 영문명: A Study on the Legal Principle of the Obligations of Safety Consideration in the Civil Law - Focused on Judicial Precedents -
• 발행기관: 원광대학교 법학연구소
• 저자명: 김덕중(Kim, Deok-Jung)
• 간행물 정보: 『원광법학』제24권 제3호, 87~113쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.09.30

영문 초록

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, 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. Domestic theories on the legal character of the obligations of safety consideration are divided. However, it will be thought valid to explain them with the same grounds to all area such the obligations of safety consideration, but to divide them into that based on survival rights in case of high risky area like labor contracts, and that based on the incidental ones in the principle of good faith in case of general social contract relations. 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.

목차

Ⅰ. 서 론

Ⅱ. 안전배려의무에 관한 판례의 유형적 고찰

Ⅲ. 판례에 나타난 안전배려의무 법리의 전개과정 검토

Ⅳ. 안전배려의무에 관한 구체적 법리구성

Ⅴ. 결 언

참고문헌

Abstract

키워드

안전배려의무 신의칙 손해배상책임의 성격 채무불이행책임 불법행위책임 obligations of safety consideration principle of good faith character of the responsibility of damages non-performance of liabilities responsibility of a tort