産業災害에 있어서의 安全配慮義務

Abstract

Industrial disasters of modern capitalist means of production than with the development of accelerated and the risk of industrial accidents, and won a variety of rapid change, depending on the individual workers, doctors are being caused by acts beyond. Such a capitalist economic system of industrial accidents occurring in the production structure will not be, dependent on labor relations workers, their lives are inevitable. body. health of the violation and threat to family life in a modern sense of social phenomena Is one of the. Therefore, the position of Industrial Accidents Workers Seen in about an infringement of the right to life itself, because the capitalist society thoroughly in advance to prevent industrial accidents, death of a Pijae employees and their families living means to guarantee there is no need to say more. However, the capitalist production system, the employment relationship due to the user, however, even try to prevent industrial accidents and industrial accidents are bound to occur inevitably. Thus, the user is charged for safety consideration duty employment. employment contract or in contract, labor supply for workers of the users be required to secure the health and safety are generally Debt is starting from. In other words, workplace safety and health of workers from the users for the various measures taken to ensure that adequate care and legal obligation is to do. According to the Labour Relations Act as compensation for industrial accidents Labor Standards Act (hereinafter “geungibeop”) as compensation and social insurance of the type of the Industrial Accident Compensation Insurance Act (hereinafter “sanjaebeop”) as is the way by insurance. However, in the case of industrial accidents in Korea are very low in most Pijae workers compensation officials, allowing users to complex legal procedures, civil compensation claim against all damages and seeks to remedy a telegram about. This is a violation of safety concern about civil liability against the illegal users Pijae workers on the provisions of Civil Code Article 750 trillion or less, based on a claim for damages have been. However, in this case, liability for damages due to industrial accidents consist of a breach by the user to pay wages for workers, the main safety concern in addition to medical benefits obligation was that the advent of theory and precedent. In this paper, is a violation of safety consideration on the user’s civil liability, whether legal configuration to do about the legislations of Germany and Japan and Korea, the position of the theory and case review. In addition, the former Department of Justice Civil revised draft Article 655 Section 2 the meantime, theories and cases in view of what position to adopt would review and safe care obligations for violations to civil liability, forfeiture, the responsibility to configure the tort as Is there any difference in configuration from that about whether or not to review.