Earticle

초록

영어

The term "labor contract" means a contract which have been signed between employer and employee for the purpose of the discipline of the labor conditions. when it come to labor contract, contracting parties should bear the basic obligation of offering labor and paying wages. And contracting parties should bear the different Incident duties on the principle of faith and trust as well as these basic obligation. The are frequent occasions when the Incident duties are occurred by the law, but most of the incident duties are occurred by the principle of faith and trust. And these incident duties are to be imposed with in the four corners of not violating unduly another's right. Laborer's incident duty includes duty not to work for a competitor, duty of confidence, duty of enterprise order etc. And employer's incident duty includes duty of diligence, duty of personality care, duty of workplace environment care duty of protecting the private information, etc.
Our civil law as a matter of employment contract draw up freely agreements with the private autonomy which is equal. With consequently, the this lack of balance between employer and employee bore the actual condition which is a subordinate characteristic of employee. it was born a labor law as the enforcement law for a weak person protection and this imbalance. But the this labor laws is not a damage liability about the damage where occur from labor process. We will not be able to hold a civil law again in order to solve this problem.
This paper investigates about juridical relation a thing which will charge the juridical relation and the liability for the damages of the employer and employee on the damage which happens from this labor process

목차

I. 서론
 II. 근로자의 피해유형
  1. 근로자의 손해배상청구권
  2. 사용자의 엄격책임
 III. 근로자의 가해유형
  1. 근로자의 유책성
  2. 근로자의 책임제한
 IV. 고용계약상 손해배상책임의 새로운 제안
  1. 독일법 및 오스트리아법의 개관
  2. 고용계약과 민법 제688조 3항
 V. 마무리
 참고문헌
 ABSTRACT

키워드

The Damage Liability Employment Contract Duty of Safe Consideration Employer's Liability Labor's Liability Right to be indemnified Exclusion of Liability Liability of the Risk Contract Liability Tort Liability The Principle of Faith and Trust.

저자

• 원상철 [ Won, Sang-Chul | 용인송담대학 교수, 법학박사. ]

참고문헌

발행기관

간행물