노인복지시설에 있어서 안전사고에 대한 손해배상책임의 법리

Abstract

This paper discusses the care obligation of the elderly welfare facility as a juristic subject about the burden of compensation liability for the safety accident in the elderly welfare facility. First, in relation to the nature of the care obligation to be paid by the elderly welfare facility, the elderly who enters the elderly welfare facility lives in accordance with the supervision and direction of the facility at the place provided by the facility. Therefore, the elderly welfare facility should bear the safety consideration obligation to ensure the life or the physical safety of the elderly. And the safety consideration obligation is the active duty to take appropriate measure not to hurt the life and the physical safety of the elderly who entered the elderly welfare facility. Next, as the contents of care obligation to be paid by the elderly welfare facility, it is judged that the elderly welfare facility bears the information provision obligation, the accident prevention obligation, the urgent measure obligation, and the care obligation as a supervisor. First, in relation to the information provision obligation, the elderly welfare facility has a so-called expert status as a facility possessing specialized knowledge and experience on welfare service, while the elderly who enters the elderly welfare facility does not have knowledge and experience on welfare service. The elderly is only in a position to decide whether or not to accept the welfare service provided by the elderly welfare facility through the contract. Therefore, the elderly welfare facility should warn about the danger of possible accident at the facility and provide the appropriate information such as explaining the way to avoid it. Second, in relation to the accident prevention obligation, because the elderly welfare facility is an expert in the elderly welfare, it bears the obligations to foresee the occurrence of the accident and to take the action to avoid the accident, paying attention as the expert of the elderly welfare. Therefore, if the elderly welfare facility fails to prevent accidents in violation of such obligations, it shall be liable for damage. Third, in relation to the urgent measure obligation, the elderly welfare facility bears the active duty of safety consideration to take appropriate measure to safeguard the elderly. Therefore, it is considered that there is a care obligation of the elderly welfare facility to prevent the occurrence or expansion of the damage by the emergency measure corresponding to the content of the accident. Fourth, in relation to the care obligation as a supervisor, the elderly welfare facility bears the care obligation to supervise the elderly who has entered the facility so as to prevent mutual violence from taking place. Therefore, if the violence of some elderly was foreseeable, and if such violence could be avoided by the measure of the elderly welfare facility, the elderly welfare facility shall bear liability for damage caused by the violence.