The employer has paid considerable attention to the appointment of an employee and the supervision of his/her affairs.

In order to be exempted from the liability for damages on the ground of such reasons, the fact that the appointment and supervision has paid considerable attention shall be asserted.

If an employer intends to be exempted from liability for damages on the ground that he/she has paid due attention to the appointment of an employee and the supervision of his/her affairs, he/she shall assert that he/she has paid due attention to such appointment and supervision.

Article 756(1) proviso of the Civil Act, Article 188 of the Civil Procedure Act

Heungju and 2 others

Defendant

Seoul High Court Decision 70Na2125 decided June 4, 1971, Seoul High Court Decision 70Na2125 decided June 4, 197

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal 1.2 are examined as follows.

Upon review of the evidence adopted by the original judgment based on the records, the non-party is acknowledged as having been employed at the scene of the accident in order to assist the co-defendants of the original instance who lent the mountain contact to the defendant's employee under the direction of the defendant, and the non-party can be recognized as having been engaged in the repair work of the said mountain contact in order to assist the above co-defendants of the original instance. Therefore, the court below should prove that the court below did not err by misunderstanding the legal principles as to the original judgment, without any evidence supporting the above facts, and that the employer who is responsible for compensating for damages inflicted on a third party due to an employee's act has paid considerable attention to the appointment and supervision of the employee in order to be exempted from the liability for damages on the ground that the employer has paid considerable attention to the appointment and supervision of the employee. Therefore, in this case without such assertion, the court below failed to make a decision on this issue, and there

The appeal is groundless.

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

The Korean Supreme Court Judge Han-won(Presiding Judge)