使用者 責任에 관한 一考察 : 各國判例ㆍ學說을 中心으로 = A Study on Liability of Master for Servant's Acts

다국어 초록 (Multilingual Abstract)

The aim of this study is to stimulate the student's interest in the elementary principles by which we must all live, in the rules which govern our society.
Everyone in a democracy should familiarize himself with the laws regulating his daily life.
Related to the status of principlal and agent is the relationship of master and servant. A master is usually liable for injuries caused by the wrongful conduct of servants acting within the scope of their employment.
When is a person a servant (or an employee) and when is he an independent contractor?
A man working for another is a servant or employee when the master or employer has control of the method and means by which the work is done. If the man doing the work, however, retains control over the manner or method of doing the work, he would be held to be an independent contractor and under most circumstances the person for whom the work is being done would not be responsible for negligence or other wrongful acts.
Bear in mind that the master(employer) is liable only for injuries caused by the wrongful acts of this servant (employee) when committed "within the scope of his employment"; that is, when they are of the same general nature as that authorized by the employer or are incidental to such employment.
Acts of an employee are held to be within the scope of employment only within the particular locality of employment or in a locality not unreasonably distant. If an employee leaves the area of employment or deviates from his regular route for his own personal benefit, he may be acting beyond the scope of his employment.
For example, a chauffeur, on an errand for this boss, driving on the left hand side of a double line and greatly exceeding the speed limit is still acting within the scope of employment and his employer may be responsible for the consequences of a serious accident.
This rule is important in a majority of States which do not follow the rule that every owner of an automobile is liable for negligence of the person driving the car with the consent or permission of the owner.
Finally, this article should assist law students who want an overview of the law of torts.

목차 (Table of Contents)

• I. 序論
• II. 本論
• 1. 프랑스 判例
• 2. 일본 判例
• 3. 독일 判例
• 4. 영국 判例
• III. 結論
• 參考書籍 및 法院制度