고객 물건의 멸실 또는 훼손에 대한 숙박업자의 책임 — DCFR 및 독일 민법 규정을 중심으로 —

초록

The purpose of this paper is to examine the rules of DCFR and German Civil Code on the liability of a hotel-keeper for loss or damage of a thing brought to the hotel and to find its comparative implication. Chapter 5 of Book Ⅳ. Part C deals with contracts where storage is the main object of the contract. Ⅳ.C.-5:110 of DCFR deals with the general liability of hotel-keepers for loss of, or damage to, things brought to the hotel by guests staying at the hotel. A hotel-keeper is liable as a storer for loss of, or damage to, things of a guest. § 701 of German Civil Code provide that a hotel-keeper must make compensation for the damage incurred by the loss of, destruction of or damage to things brought in by a guest to the hotel in the course of operating such a business. According to the German Civil Code the hotel-keeper’s liability is limited in principle. However § 702 (2) of the Code stipulate a exception rules. In addition the German Civil Code has rules on a release for liability of hotel-keeper, an extinction of the claim for damages and the security right of the hotel-keeper over the things brought in by the guest. The Korean Civil Code has no rules on the liability of hotel-keeper for loss or damage of guest. Article 151 of The Korean Commercial Act provide that any person who engages in the business of making transactions by theaters, hotels, restaurants, or other facilities used by the public is called a hospitality service provider. Article 152 of the Act regulate the liability of hospitality service providers. This study regarding the rules of Ⅳ.C.-5:110 of DCFR and rules of German Civil Code on the liabiliy of hotel-keeper would offer the implication for the improvement of current law in respect of the liability of hotel-keeper.

키워드