Degree of duty of care when a person driving a motor vehicle leaves the driver's seat;

In a case where a person without driving skills is driving a motor vehicle, there is a high risk of causing harm to a third party. Therefore, when a person driving a motor vehicle leaves the driver's seat, he shall consider measures to prevent another person from driving the motor vehicle without permission, and the measures to be taken when leaving the driver's seat are sufficient as measures to prevent another person from operating the motor vehicle without permission.

[Defendant-Appellant] Defendant 1 and five others, Counsel for defendant-appellant-appellant

Resident Gun Agricultural Cooperatives Attorney Choi Jong-soo

Daegu High Court Decision 72Na862 delivered on February 12, 1974

The original judgment is reversed, and the case is remanded to the Daegu High Court.

The defendant's attorney's ground of appeal is examined.

According to the reasoning of the judgment of the court below, the court below held on November 25, 1969 that the plaintiff's name book was damaged by the defendant's truck 7-703, while residing in the defendant's association at around 171, 1969, from the warehouse located in the defendant's association at around 171, a man living in North Korea, there is no dispute between the parties as to the fact that the plaintiff's name book was damaged by the defendant's truck. According to the adopted evidence, the non-party's driver Kim Jong-sung, who belongs to the defendant's association, was loaded in the above accident's purchased grain to the above accident vehicle and was installed in front of the above warehouse with a key to the above accident, caused the vehicle's ice location by the plaintiff's failure to take care of the above vehicle's vehicle's location and the vehicle's driver's duty of care to prevent the plaintiff from being affected by the plaintiff's failure to take the vehicle's driver's duty of care.

According to the reasoning of the original judgment, the court below's liability for damages on the part of the defendant association is premised on neglecting the duty of care to the non-party to the driver's license of the above vehicle, who is an employee of the defendant association, and as stated in the original judgment, the motor vehicle is likely to cause danger and injury to a third party if a person without driving skills drives a motor vehicle, and thus, the driver of the motor vehicle has a duty of care to take measures to prevent another person from driving the motor vehicle without permission when he leave the driver's seat. However, the motor vehicle cannot move without the driver's license, unless it is neglected by the driver's operation, and it is not a thing directly infringing on the right of third person. Considering this point, the driver of the motor vehicle is sufficient as a measure to prevent another person from recklessly operating the motor vehicle when the driver leaves the driver's seat.

In the case of this recommendation, the above non-party Kim Jong-hwan set up the vehicle involved in the accident in front of the warehouse of the defendant association's explanation in the original judgment and turned down the string of the vehicle in front of the warehouse of the defendant association, and opened the string of the vehicle with the key to the vehicle, and caused the accident by manipulating the string of the vehicle with another key to the vehicle's own vehicle, and the fact that the string of the vehicle did not have the entrance of the string of the vehicle is without dispute between the parties and that the vehicle was manufactured without the original entrance. (No. 427 pages, 428 pages)

If the above vehicle is manufactured without the entrance side of the original driver's seat, such as the head of the defendant's station, barring any particular circumstance, it shall not be allowed to stop the above vehicle at a place in which the person can not access, or to leave without a guard.

Therefore, the original judgment should be erroneous in the misapprehension of legal principles as to the duty of care in tort, and there is reason to discuss this issue, and therefore, the original judgment shall not be exempted from reversal in this regard.

Therefore, the decision that does not require the determination of the remaining points is reversed, and the case is remanded to the Daegu High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Seo-gu et al. (Presiding Justice)