Industrial disasters of modern capitalist means of production than with the
development of accelerated and the risk of industrial accidents, and won a
variety of rapid change, depending on the individual workers, doctors are being
caused by acts beyond. Such a capitalist economic system of industrial accidents
occurring in the production structure will not be, dependent on labor relations
workers, their lives are inevitable. body. health of the violation and threat to
family life in a modern sense of social phenomena Is one of the. Therefore, the
position of Industrial Accidents Workers Seen in about an infringement of the
right to life itself, because the capitalist society thoroughly in advance to prevent
industrial accidents, death of a Pijae employees and their families living means
to guarantee there is no need to say more.
However, the capitalist production system, the employment relationship due to
the user, however, even try to prevent industrial accidents and industrial
accidents are bound to occur inevitably. Thus, the user is charged for safety
consideration duty employment. employment contract or in contract, labor supply
for workers of the users be required to secure the health and safety are
generally Debt is starting from. In other words, workplace safety and health of
workers from the users for the various measures taken to ensure that adequate
care and legal obligation is to do.
According to the Labour Relations Act as compensation for industrial
accidents Labor Standards Act (hereinafter “geungibeop”) as compensation and social insurance of the type of the Industrial Accident Compensation Insurance
Act (hereinafter “sanjaebeop”) as is the way by insurance. However, in the case
of industrial accidents in Korea are very low in most Pijae workers
compensation officials, allowing users to complex legal procedures, civil
compensation claim against all damages and seeks to remedy a telegram about.
This is a violation of safety concern about civil liability against the illegal users
Pijae workers on the provisions of Civil Code Article 750 trillion or less, based
on a claim for damages have been. However, in this case, liability for damages
due to industrial accidents consist of a breach by the user to pay wages for
workers, the main safety concern in addition to medical benefits obligation was
that the advent of theory and precedent.
In this paper, is a violation of safety consideration on the user’s civil
liability, whether legal configuration to do about the legislations of Germany and
Japan and Korea, the position of the theory and case review. In addition, the
former Department of Justice Civil revised draft Article 655 Section 2 the
meantime, theories and cases in view of what position to adopt would review
and safe care obligations for violations to civil liability, forfeiture, the
responsibility to configure the tort as Is there any difference in configuration
from that about whether or not to review.