1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The court's explanation on this part of the facts of recognition is the same as the part of Paragraph 1 of the first instance court's judgment (from No. 6 to No. 3, No. 11 at the bottom of the second instance court's judgment). Thus, the court's explanation on this part is acceptable in accordance with the main sentence of Article

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant, as the prime contractor of the instant construction, was the subcontractor of the instant construction, and the Plaintiff was working without safety protective equipment, but failed to give appropriate instructions and supervision thereof. Therefore, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident pursuant to Article 757 of the Civil Act.

B. In the determination of a contract, the contractor is not liable for the damages incurred by a third party in connection with the contract, unless there is gross negligence on the contract or instruction.

However, where a contractor has reserved the right to direct and supervise the progress and method of work of a contractor and has specifically directed and supervised the execution of work, the relationship between the contractor and the contractor does not substantially differ from the relationship between the employer and his employee, and the contractor is liable for damages incurred to a third party due to the illegal act of the contractor or his employee, and the contractor is liable for the employer under Article 756 of the Civil Code. The direction and supervision should be specifically directed, supervised, and exclusive for the operation and implementation of the work to the extent that the actual employer relationship can be recognized.

In addition, the direction and supervision of the contractor, which is the basis for recognizing the above-mentioned relationship between the employer and the employee, refers to the management of the contractor by directly ordering, supervising, and monitoring the operation and execution of specific construction works at the site, and simply managing the contractor.