"A" in charge of the construction of a new building, which is sub-contracted to "B" by specifying a part of the construction work and supervising the construction work, and where the recipient of "B" causes damage to another person, the contractor's liability for the employer.

A company in charge of the construction of a new building (a part of the underground part of the construction site) specified among them, sub-contracts to a third party, dispatch its employees to the construction site of the above underground room to direct and supervise the construction work, and the third party's employees incurred damages to the third party is liable to compensate the employer under Article 756 of the Civil Act.

Lee Byung-ho et al.

International Unemployment Corporation

Seoul High Court Decision 74Na327 delivered on November 21, 1974

The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.

(1) The defendant's grounds of appeal are examined.

(A) In the case of a proposal that the court below legitimately recognized the first ground of the judgment, that is, in the case where the defendant company ordered the construction of the office building of the Incheon branch of the Korea Development Bank in the city of original judgment, the construction of the office building of the Incheon branch of the Korea Development Bank in the original judgment, and ordered the non-party 1 to contract part of the construction (the underground section construction of the Dong construction site) to the non-party 2, and the defendant company dispatched the non-party 1, who is an employee of the defendant company, to the above underground construction site and supervised the construction, the non-party 2, who is the employee of the above non-party 1 (contractor), to the non-party 1, who is the employee of the above non-party 2, caused the injury to the plaintiff's disease, the defendant is liable in accordance with the provision

Therefore, in the case of this proposal, there is no reason to argue that the defendant company is liable for the contractor's liability under Article 757 of the Civil Code.

(B) The judgment of the court below on the second ground of the second ground of the judgment cannot be concluded to have violated the rules of evidence against the rules of evidence, and it cannot be said that there is no negligence on the part of the plaintiff who did not offset the negligence on the ground that the plaintiff did not have any negligence on the ground that the plaintiff did not have any negligence on the ground that the plaintiff could have inflicted any injury on the plaintiff's this accident at the time of the establishment of the original judgment on the ground that the plaintiff did not have any negligence on the part of the plaintiff who did not offset the negligence, and that there is no error of law by misunderstanding the legal principles on offsetting the negligence. The argument is without merit.

(2) Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Seo-gu et al. (Presiding Justice)