사용자배상책임과 구상권의 제한

Civil code Article 756 and defined as follows. Article 756 (1) of the Civil Act, “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: Provided, That this shall not be the case, if the employer has exercised due care in the appointment of the employee, and the supervision of the undertaking, or if the damage would have resulted even if due care had been exercised.” Article 756 (2) of the Civil Act, “A person who supervises the undertaking in place of the employer shall also assume the same liability as set forth in paragraph (1).” Article 756 (3) of the Civil Act, “In cases of paragraphs (1) and (2), the employer or the supervisor may exercise the right to obtain reimbursement from the employee.” This paper studies about employer’s of Indemnity Rights for the civil employees of Article 756 (3). First, the legal nature of the liability provided for in Article 756 employer’s liability are responsible captain. Therefore, employees are the damages caused to a third party for your employees Indemnity Rights recognized by profiteers. Second, Article 756 of employer’s liability seems appropriate to resolve whether to allow the users of Indemnity Rights for the employee by the dual use of domestic labor in relation with the use of corporate relations.Third, Article 756 (3) relationships to find its basis on the initiative of default due to the breach of their and employees, based on the user’s Indemnity Rights restriction is the most appropriate theory of default Fourth, restriction of right of Indemnification employer of Indemnity Rights shall be determined to the extent deemed significant in terms of equitable sharing of trust and good faith of damages. Finally, employer of Indemnity Rights is recognized only when it is appropriate to intentional or gross negligence by employees. Thus Article 756 (3) amendments are desirable.