대표이사의 근로자에 대한 손해배상책임 －대법원 2011.3.10. 선고 2010다13282 판결을 중심으로－

Lately, Korea Supreme Court made a decision that representative director should be liable for pay damages to employees which are caused by his willfully sham closing of business based on the civil act article 750(torts). In addition to that judgement, Japan court decided that representative director should be liable for pay damages to employees which are caused by his management failure based on the Japan commercial article 266-3(1). The article Japan court referred to corresponds to Korea commercial act article 401(1). The Civil Act Article 750 provides that any person who causes losses to or inflicts injuries on another person by an unlawful act, willfully or negligently, shall be bound to make compensation for damages arising therefrom. The Commercial Act Article 401(1) provides that If directors have neglected to perform their duties wilfully or by gross negligence, they shall be jointly and severally liable for damages to third persons. These two decisions mentioned above are good examples that the civil act article 750 and the commercial act article 401(1) could play an important role to check the company directors' management. And also, if a management decision has a close relation to employment protection, those clauses could function as a check restraint used by employees