Responsibilities of employers and employees

In case where an employee has inflicted damages on a third party regarding the execution of his duties, the employer's compensation obligations under this section and the employee's compensation obligations under Article 750 of this Act are separate obligations.

Article 756 of the Civil Act, Article 750 of the Civil Act

Plaintiff 1 and one other

Committee for Education of Gyeongbuk-do;

Daegu District Court Decision 68Na6 delivered on February 13, 1969, Daegu High Court Decision 68Na6 delivered on February 13, 1969

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

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

In a case where an employee inflicts damages on a third party regarding the execution of affairs, the employer's obligation to compensate for the damages under Article 756 of the Civil Act and the obligation to compensate for the damages that the employee bears by itself under Article 750 of the Civil Act. Thus, in calculating the compensation amount for mental damage that the third party has received, there is no difference between the amount of compensation that the employee should pay to the third party and the amount of compensation that the employer should pay to the third party, and there is no difference between the amount of compensation that the employee should pay to the third party and the amount of compensation that the employer must be within the scope of the employee's own opinion. Accordingly, the theory of lawsuit based on a different opinion cannot be accepted.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)