교도소 위탁작업과 수형자에 대한 안전배려의무 – 대상판결: 대구지방법원 2021. 4. 14. 선고 2020나306837 판결(확정) –

This article provides a scholarly examination of the legal relationship governing prison labor under piece-price systems, the status of inmates engaged in such labor, the state's duty of protection and supervision concerning prison work, and the duty of safety consideration owed by contractors to inmates during contract work. This analysis is grounded in the Daegu District Court's judgment of April 14, 2021, which confirmed the liability of both the contractor and the state for damages incurred by an inmate who was injured while performing contract work in prison. The referenced judgment recognized the liability of the contractor and the state for damages in a case where a prisoner employed in contract work was injured due to defects in the materials and equipment provided by the contractor. This case is particularly significant as it clarified that the contractor, despite not having a formal labor contract with the prisoner, owes a duty of care directly to the prisoner as a ‘substantial’ employer. However, even with the recognition of this duty of safety consideration, it remains challenging for the victim to prove its violation. Consequently, there is a necessity to introduce strict liability for injuries and diseases resulting from prison work, analogous to the compensation system for occupational accidents applicable to general employees.