민법상 안전배려의무의 법리에 관한 고찰

A Study on the Legal Principle of the Obligations of Safety Consideration in the Civil Law - Focused on Judicial Precedents -

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.