In the case of a temporary lease of a part-time aircraft with a driver, whether the owner of the part-time aircraft and the part-time aircraft in fact maintain the status of the user for the driver.

If a mid-term aircraft registered in the name of the company in the middle of the ground is temporarily leased to the actual owner and used at the construction site, barring any special circumstance, the status of the company in the middle of the ground and the actual owner as an employer to the above driver shall also be deemed to be maintained under the above temporary lease. Thus, the above part of the company in the middle of the ground shall not be held liable as an employer for damages suffered by the deceased and their bereaved family members due to the negligence of the above driver during the work at the construction site.

Article 756 of the Civil Act

Supreme Court Decision 80Da708 delivered on August 19, 1980 (Gong1980, 13104) 91Da39849 delivered on March 31, 1992 (Gong192, 1416)

Dok Fire Marine Insurance Co., Ltd., Counsel for plaintiff-appellee

[Defendant-Appellant] Hanjin Co., Ltd. and one other, Defendant-appellant

Seoul Civil District Court Decision 93Na28347 delivered on December 1, 1993

The judgment of the court below is reversed, and the case is remanded to the Seoul District Court Panel Division.

We examine the grounds of appeal by the Plaintiff’s attorney.

According to the reasoning of the judgment below, the court below held that the non-party 1 and the non-party 2 were entitled to the above non-party 1's compensation for damages on the deceased's 9-5168, which were actually owned by the non-party 1 and the non-party 2's deceased's 9-2's 9-2's 9-1's 9-2's 9-2's 9-2's 9-2's 9-7's 9-2's 9-2's 9-2's 9-2's 9-7's 9-2's 9-2's 9-2's 9-2's 9-2's 9-1's 9-2's 9-2's 9-2's 9-2's 9-2's 9-2's 9-2's 9-2's 197-2's 1's 9-2's 1'4'

However, as determined by the court below, if the non-party company used the middle term of this case registered in the name of the defendant Hanjin-gu Co., Ltd. at the construction site on a temporary lease from the defendant Chojin-gu Co., Ltd., the actual owner of the middle term of this case, and the non-party 1, a driver at the construction site, barring any special circumstance, the status of the defendant as the employer as to the above driver at the above construction site shall be deemed to be maintained under the above temporary lease. Thus, the defendants cannot be held liable as the employer for damages suffered by the deceased and their bereaved family members due to the negligence during the above construction site (see Supreme Court Decision 91Da39849, Mar. 31, 192; 80Da708, Aug. 19, 1980

Nevertheless, the court below rejected the plaintiff's above assertion on the ground of its reasoning. The judgment of the court below is erroneous in the misapprehension of legal principles as to employers' liability, and it is obvious that such illegality affected the conclusion of the judgment, and therefore, it is reasonable to point this out.

Therefore, the judgment below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Sung-sung (Presiding Justice)