This thesis aims at studying the articles of the laws that coordinate people in our complicated modern society, People and society are complementary. As a result. we have conflicted one another who live in the society. We need systems which manipulate...
This thesis aims at studying the articles of the laws that coordinate people in our complicated modern society, People and society are complementary. As a result. we have conflicted one another who live in the society. We need systems which manipulate to go on smoothly relationship of our society. We made the laws that protect our properties and legal rights. Therefore , we became juridical persons. It is possible to judge reasonably the conflicts that were caused by tort of representatives.
Especially, under the article 34 and 35 related to 126 of Korean Civil Laws provide the liability of juridical persons for tort. This study can be summarized 5 to chapters as follows.
Chapter 1. according to common views and precedents, the article 34 of Civil law which protects juridical persons, we interpret the limits of capability of the 「scope of purpose」 of the article 34, Meanwhile, we also expand to seek for the safety of transaction and the protection with the principles of the generalization that are applied under both the limits of representatives and the internal liability theories.
Chapter 2, I think that Civil law article 35-1, 59-2 clause are artificial person's illegal liability. But we can see some differences in the points that civil law article 35-1 and article 59-2 is applied when inflicting doer is representative institution in case the artificial person is a user, article 59-2 is applied when inflicting doer.
Chapter 3, common views have difficulty particularly in clearly defining the relationship between article 34 and 35. The arguments related to the article 35 have been reviewed on the whole and an appropriate view of distributing fairly and reasonably the damages of to the persons interested.
Chapter 4, to giving the responsibility through we consider harm about representative institution's job as harm by the artificial person himself. Today about great industry responsibility that is done large sizes and fatal damages, we need to recognize to the artificial person prevent claim into legislation,
Finally, I studied that the requisites and effects of tort by article 35 related to 126 consider the illegal liability of the juridical persons for tort. I suggest that we extend cognition of law on article 35-1 which is interpreted generously about illegal acts conducted other place except the representative institution.