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

The grounds of appeal are examined.

1. The planning travel agency is a person who has expertise in the natural and social conditions of the destination as well as ordinary travel, and unilaterally determines the terms of the contract on the use, etc. of the destination or travel facilities in a superior position. On the other hand, the travel agency is general to trust the safety of the travel agency and enter into the travel contract in accordance with the conditions presented by

Considering the above, if the planning travel agency concludes a travel contract with a traveler, it is reasonable to view that it bears the duty of safety consideration as follows:

In order to ensure the safety of travelers' lives, bodies, property, etc., the planning travel agencies shall fully investigate and examine in advance the destination, travel schedule, travel administration, and travel service agencies' selection, etc., and make reasonable judgments as specialized business operators.

Accordingly, if it is possible for a package tour operator to anticipate the risks that a consumer may face before or after the package tour, he/she shall inform the consumer of the intention and give him/her an opportunity to choose whether to accept the risks, and if there is a possibility that such risks are likely to occur during the implementation of the package tour contract, he/she shall take reasonable measures, such as preparing a means to remove the risks in advance.

(see, e.g., Supreme Court Decision 98Da25061, Nov. 24, 1998; Supreme Court Decision 201Da1330, May 26, 201). In order to recognize liability for damages to a planning travel agency for violating the duty of safety consideration as above during the course of travel, an accident at issue and a planning travel agency’s travel contract should not be directly or indirectly related to the performance of the obligation, and the risk of the accident should not be caused in daily life without relation to the travel, and the planning travel agency could have predicted or predicted the occurrence of the accident.