All appeals are dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. The planning travel agency is a person who has expertise in the natural and social conditions of the destination as well as ordinary travel in general, and unilaterally determines the terms of the contract on the use, etc. of the destination or travel facilities in a superior position, whereas the traveler is generally aware of the safety of the contract and enter into the travel contract under the conditions presented by the planning travel agency.

Considering this point, if a planning travel agency concludes a travel contract with a traveler, it is reasonable to view that it bears the duty of safety consideration as follows:

In other words, in order to ensure the safety of travelers' lives, bodies, property, etc., the planning travel agency should fully investigate and examine the selection of travel destination, designated travel administrative travel service agencies, etc. in advance.

Accordingly, if it is possible for a package tour operator to anticipate the risks that a consumer may face before or after the package tour, he/she shall inform the consumer of the intention and give him/her an opportunity to choose whether to accept the risks, and if there is a possibility that such risks are likely to occur during the implementation of the package tour contract, he/she shall take reasonable measures, such as preparing a means to remove the risks in advance.

(see, e.g., Supreme Court Decision 98Da25061, Nov. 24, 1998; Supreme Court Decision 201Da1330, May 26, 201). In order to recognize liability for damages on the grounds of a package tour operator’s breach of duty of care for safety, an accident at issue and a package tour operator’s performance of obligation under the package tour contract must not be directly or indirectly related to the occurrence of the accident and the risk of the accident may not occur in daily life without relation to the travel. A package tour operator needs to remove the risk of the accident in advance, even if he/she predicted or could have predicted the occurrence of the accident.