使用者責任과 求償權 및 逆求償權에 관한 考察

Article 756 of Korean civil code prescribes that a person who employs another to carry out an undertaking shall be bound to make compensation for damages done to a third person by the employee in the course of the execution of the undertaking. And paragraph 3 of it gives the employer the right to obtain reimbursement from the employee. This paper explores several issues concerning the employer's liability in torts including the requisites to undertake the liability, the relation to the execution of the undertaking, the appearance theory and the restriction of exercising the employer's right of reimbursement from the employee, etc. And then this paper probes into the matter of the employee's right of indemnity from the employer(so-called “reverse indemnity”), namely whether the employee can exercises the right of reimbursement from the employer. There are pros and cons about it. I believe that the employee who compensated for damages, may have such a right from the employer as the case may be, judging from a standpoint of equity.