Duty of Care of Railroad Passenger Transport Operators

In the carriage of passengers by railroads, the carrier has a duty of care to take measures to ensure that passengers do not have any accident, such as fall, etc. in the course of transport by starting trains after passengers enter trains.

Article 750 of the Civil Act

[Defendant-Appellee] Plaintiff 1 and 3 others

Countries

Seoul High Court Decision 79Na1269, 2791 Decided October 17, 1979

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

In the carriage of passengers by railroad, the carrier has a duty of care to take measures to prevent the occurrence of an accident, such as the fall, etc. of the carriage of passengers by starting the entrance after the passengers enter the train. Accordingly, the court below determined by the evidence that the accident at issue of this case occurred due to the operation of a debt train by the public officials related to the Defendant Railroad who failed to perform the necessary duties as seen above. At the time, the plaintiff was a passenger, who was enrolled in the entrance of the train in the entrance and was injured due to the fall down of the vehicle, and then the defendant country has a duty to compensate the damages suffered by the plaintiff due to the accident. In light of the records of the preparation of evidence, we agree with the judgment of the court below, and there is no error in the misapprehension of legal principles as to the illegality of evidence or the negligence of the passenger carrier, and therefore, there is no merit in the conclusion of the judgment.

Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Byung-ho (Presiding Justice)