| 英文摘要 |
Civil Code § 483-1 was enacted and promulgated in 1999, and so the employer’s duty to care for employee safety and health becomes a statutory one. However, when the employee pursues the employer’s responsibility for damages in the legal context of an exploration of liability for non-performance of an obligation in a contract relationship under the Civil Code, it is very difficult for the employee to specify the content of the violation of the duty to care for safety because Civil Code § 483-1 is very abstract. In praxis of Jurisdiction in Taiwan it seems unusual to specify the actual content of such duty on the part of the employer; neither do scholarly opinions. From the both theoretical and practical aspects, through the analyses of the relationship between Civil Code § 483-1 and the Labor Safety and Health Act and the Gender Equality in Employment Act, the relationship among Civil Code § 483- 1, § 487-1, and § 184, and the cases in Taiwan, this research will construct a framework of the actual content of the employer’s duty to care for safety. |
