A Study on the Duty of Safety Care and Violations (안전배려의무와 위반에 대한 소고)

Yeon Hwa Jun (연화준)

A Study on the Duty of Safety Care and Violations

Legal Theory & Practice Review
Abbr : LTPR
2020, 8(2), pp.169-197
Publisher : The Korea Society for Legal Theory and Practice Inc.
Research Area : Social Science > Law
Received : April 30, 2020
Accepted : May 24, 2020
Published : May 31, 2020

Yeon Hwa Jun ¹

¹극동대학교

Candidate

ABSTRACT

The modern social environment has a variety of social relationships among people, but there is an increasing need to protect victims as there is inevitably a disadvantage to people's lives, health, and property. Safety considerations are defined as an obligation of the employer to protect the life and health of the employee or an obligation of one of the contracting parties to protect the other. The real benefit of admitting the obligation to pay attention to safety is to increase the relief of employees and victims. While the scope of the safety consideration obligation is extended by various types of contracts, the safety consideration obligation can be interpreted differently depending on the type of accident resulting from violation of the contract. Therefore, it should be judged by taking into consideration the institutional and technical level of society for life and physical security and specific conditions. Therefore, it is advisable to consider the legal nature of the obligation to pay attention to safety in each type of contract agreed by the parties. ①As part of the obligation to give consideration to safety, claims for damages, enforcement of performance, right to cancel, etc. will be recognized as an effect of a breach of obligation. ②As an incidental obligation, a claim for damages and performance of incidental obligations may be permitted in the event of a breach of the purpose of the contract. ③In the case of violation of the obligation to give consideration to safety, which is recognized based on a special social contact relationship based on a certain legal relationship rather than a contractual relationship, it is considered efficient to categorize the violation into claims for damages, etc., and to give appropriate legal effects to each of them.

KEYWORDS

Duty of safety care, Principle of good faith, Non-performance of liabilities, Obligation to provide, Incidental obligation, Duty of protection.

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