In compensating for damages caused by illegal acts committed by an employee in the course of performing his/her duties, whether the employer's indemnity relationship with the employee must comply with the provisions of the Civil Act concerning joint and several obligations

The employer's liability for tort under Article 756 of the Civil Act and the employee's liability for tort under Article 750 of the Civil Act is entirely separate from the employee's liability for tort due to a tort committed by the employee in the course of performing his duties. However, in a case where the victim has obtained a full or partial satisfaction of compensation from any one side, the other party's liability shall be extinguished within the scope of such liability. Even if the liability for tort committed by the employee in the course of performing his duties belongs to a category of subordinate joint and several liability due to the nature of his duties, the employer's liability for indemnity against the employee shall not necessarily follow the provisions concerning joint and several liability under the Civil Act, but shall resolve the dispute arising from a legal relationship between

Attorney Gui-gu, Seoul Metropolitan Government (Law Firm Gui-hwan)

Kim Gung

Seoul Civil District Court Decision 74Na561 delivered on May 9, 1975

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

Judgment on the Grounds for Appeal by Plaintiff

The employer's liability for tort under Article 756 of the Civil Act and the employee's liability for tort under Article 750 of the Civil Act is entirely separate from the employee's liability due to the tort during the performance of his duties. However, if the victim obtains full or partial satisfaction from any one part of the damages, the other party's liability shall be extinguished within the extent of such liability. Even if tort liability and the employer's liability belongs to a category of joint and several liability under the Civil Act due to its nature, the employer's indemnity relationship with the employee shall not necessarily follow the provisions on joint and several liability under the Civil Act, but the dispute over it shall be resolved according to legal relations between the employer and the employee, unless otherwise stipulated in the Civil Act. In this case, the court below's decision that the victim's non-party's liability for damages caused by the tort in the course of the Defendant's performance of duties is just, and the court below's decision that the plaintiff's tort had already been discharged from the Defendant's liability for damages within the extent of 160,000,00 won for the above defendant's liability for tort.

Therefore, the appeal is dismissed as it is without merit. The 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 Han-jin (Presiding Justice)