수급인의 불법행위로 인한 도급인의 책임

• 영문명: Liability for independent contractors
• 발행기관: 충북대학교 법학연구소
• 저자명: 이은희(Lee, Eun-Hee)
• 간행물 정보: 『법학연구』第20卷 第1號 (2009), 57~92쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

The basic rule is that an employer is not liable for the torts of his independent contractors but there are a number of exceptions to this general rule. None of these exceptions, however, is a form of vicarious liability, for one of them is strict liability and in the others of them it is the breach of a duty owed to the claimant by the employer that gives rise to liability. At this point it is important to distinguish between cases in which the employer has been personally at fault, and cases where he has not been at fault, but by the contractor's act a primary duty owed by the employer to the claimant has been broken. Where the employer is at fault liability cannot be said to be strict. If, for example, the contractor has been employed to do something unlawful, such as digging up the street without statutory authority the employer will be liable for damage resulting from the contractor's negligence. The employer is taken to have authorised or ratified the tort. Similarly, the employer is liable on the basis of his personal fault if he has himself been negligent in selecting an incompetent contractor, or in employing an inadequate number of men for the job, or has interfered with the manner in which the work was performed in such a way that damage is caused. If the employer discovers that the contractor's work is being done in defective and foreseeably dangerous way, he may be liable if he condones the contractor's negligence. This is another instance of personal fault by the employer. Where a statute imposes an 'absolute' duty on an employer, responsibility for its performance cannot be delegated to a contractor. If care is not taken by the contractor, the employer's duty is broken. The employer is liable in addition to the contractor and would normally be entitled to an indemnity, so the practical effect of imposing liability on the employer is to make him a 'guarantor' of the contractor's solvency.

목차

Ⅰ. 서

Ⅱ. 도급인의 공작물책임(민법 제758조)

Ⅲ. 도급인책임(민법 제757조)

Ⅳ. 도급인의 사용자책임(민법 제756조)

Ⅴ. 결

참고문헌

Abstract

키워드

도급인 불법행위책임 사용자책임 공작물책임 employer independent contractor primary liability vicarious liability