친권자와 미성년후견인의 감독자책임

A person without competency for torts liability who has caused any damage to another is exempt from liability, but the person who is under a legal duty to supervise such person shall be liable to make compensation for the damage under art. 755 in Korea Civil Act. In general, the person of parental authority and the guardian of the minor can be the supervisor under art. 755 who is under a legal duty to supervise a minor is not in possession of sufficient intelligence to understand his responsibility for his act. The person of parental authority has rights and duties to protect and educate child, right to designate plate of residence, right to take disciplinary action and right of representation with respect to child’s property. Therefore the person of parental authority has a legal duty to supervise his child not to cause any damage to another and liability under art. 755. And the parent without parental authority has no such duty and liability under art. 755. But Adjudication on Partial Restriction of Parental Authority do not make the person of parental authority to not be liable under art. 755. The guardian of the minor has rights and duties to protect and educate the minor for the welfare of the minor on a supplementary basis on behalf of the person of parental authority, when the person of parental authority can’t do that. Therefore the guardian of the minor has a limited range of responsibilities for the minor relative to the person of parental authority and has liability under art. 755 within his duties.