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원문정보

A study on civil indemnification about industrial accident

조일희

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초록

영어

Many laborers that is making contract employment on modern society were revealed to various industrial accidents environment. Because labor contract is a kind of contract on capitalistic society, labor contract must contract equity between both employer and employee. But a labor contract is contracted in unequal circumstance actually. So the country is correcting some of inequality contract by establishe Labor Standard Law, and establishes Industrial Safety and Health Act for worker's safety and health's promotion. Nevertheless, worker is still staying to position which is inferior than employer. It is frequent that substantial guarantee about safe working environment is not achieved. When laborer gets occupational disease in these environment, laborers didn’t get satisfaction occasionally. because it is difficult that reveal the cause-and-effect relationship,
It is insurance money by laborer's accident compensation insurance law that laborer can be rewarded most easily in case of disease by working environment in this circumstance. But Industrial accident recognition rate is not high actually. If claim for compensation get a refusal, last solution that can take in worker's situation is civil suit. So in this paper, I wish to search for civil law's solution that laborer can adopt.

목차

Ⅱ. 채무불이행책임의 성립상의 문제점
  1. 서설
  2. 우리나라에서의 안전배려의무
  3. 외국의 경우
  4. 소결
 Ⅲ. 불법행위책임의 성립상의 문제점
  1. 서설
  2. 입증책임의 완화
  3. 국가의 공동불법행위 성립여부
 Ⅳ. 결론
 참고문헌
 

저자정보

  • 조일희 CHO IL-HEE. 부산대학교 법과대학 박사과정 수료

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