고용계약상 손해배상책임

The Damage Liability in the Employment Contract

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