Where the contractor is subject to the direction and supervision of the contractor, whether the contractor is liable for the contractor's act (affirmative)

Even when a formal contract is concluded, if the contractor is subject to the direction and supervision of the contractor in connection with the performance of his/her duties, the contractor shall not be exempted from liability as the employer for the performance of the contractor's act.

Articles 756 and 664 of the Civil Act

Plaintiff 1 and 6 others, Counsel for the plaintiff-appellant-appellee

Hanyang Industries Co., Ltd., Ltd., Counsel for the plaintiff-appellee)

Seoul High Court Decision 80Na4053 delivered on February 12, 1981

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

Even if a contract is entered into in the form of a contract, if the contractor is under the direction and supervision of the contractor with respect to the performance of his duties, the contractor cannot be held liable as the employer for the performance of the contractor's act. Therefore, according to the evidence (in particular, Eul evidence No. 2 and Non-Party 1's testimony of Non-Party 1), according to the court below's decision, the defendant agreed to the non-party 2 to handle all the matters concerning the construction work in accordance with the direction and supervision of the defendant company, and the field agent appointed by the same non-party between the non-party and the same non-party in the contract for the repair of the building of this case to Non-Party 2, as stated in the judgment of the court below, and the safety management of the accident of this case was actually supervised by the defendant company. Thus, the court below's decision that recognized the defendant as the employer's liability is just, and there is no error of law

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 Justices.

Justices Lee Lee Sung-soo (Presiding Justice)