Whether a passenger fulfilled his/her duty of care for passenger transport solely with the crew’s internal broadcasting and the net order in the train where the passenger died while the train does not completely stop (negative)

In the event that the train crew died while getting on the platform through the platform from the passenger getting on and off the train, and coming to the platform opened by themselves for clerical errors in the line of duty, it is difficult to view that the above accident occurred solely due to the victim’s negligence and the crew fulfilled their duty of care for passenger transport solely on the ground that the train crew went to the platform without completely stopping the train.

Article 750 of the Civil Act

Supreme Court Decision 79Da1966,1967 Decided January 15, 1980 (Gong1980,12544) (Gong1987,1702)

Plaintiff 1 et al., Counsel for the plaintiff-appellant-appellee

Korea

Seoul High Court Decision 91Na59234 delivered on June 3, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

If a carrier does not prove that he/she or his/her employees did not neglect due care in connection with the carriage, he/she shall not be relieved of liability for damages caused by the carriage of passengers (see Article 148(1) of the Commercial Act).

In light of the records, the accident of this case was likely to cause the train to see the work to other guest rooms under the platform between the time when the train stops in the station due to the inconvenience of many passengers entering and leaving the train through the passage of the passenger vehicle, and it seems that there is a situation that the time when the passengers do not have the wind to open the entrance and open the entrance of the entrance, or that there is a person who is likely to urgently get out of the entrance, and it is anticipated that there is a person who will get out of the entrance and exit. Therefore, the court below's decision that the above victim's walk opened from the 3rd platform where the non-party on board the victim suffered food from the one in the first passenger vehicle to make a clerical error is not sufficient to recognize that the defendant's crew did not have the duty to pay attention to the transportation of the train without completely stopping the train between the plaintiff's internal broadcasting and the defendant's negligence, and that the court below's decision that the above situation did not change the defendant's duty to pay attention to the transportation of the train.

There is no reason to discuss this issue.

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.