Earticle

초록

영어

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. 서론
 Ⅱ. 안전배려의무에 관한 판례의 유형적 고찰
  1. 개관
  2. 각 계약유형별 분석
  3. 검토
 Ⅲ. 판례에 나타난 안전배려의무 법리의 전개과정 검토
  1. 안전배려의무 생성에 관한 비교법적 검토
  2. 일본 판례에서의 구체적 법리 전개과정
 Ⅳ. 안전배려의무에 관한 구체적 법리구성
  1. 안전배려의무의 체계적 지위
  2. 불법행위 책임과의 교차
 Ⅴ. 결언
 참고문헌
 ABSTRACT

키워드

저자

• 김덕중 [ Kim, Deok-Jung | 원광대학교 법과대학 조교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340