피보험이익과 타보험조항에 관한 연구

박윤철(Park, YoonChul) 한양법학회 2012 漢陽法學 Vol.23 No.1

Automobile Insurance which covers the liability arising out of automobile accident is quite different from Workers Compensation Insurance which has the purpose of covering the bodily injuries arising out of accident occurred on duty, but the problem of double payment by both insurance policies arises at the time of automobile accident. The Automobile Insurance general policy wording (Article 14-(2)-⑨-Ma) says that Automobile Insurance shall not cover bodily injuries sustained to the person if he or she is injured as an employee of insured and then is covered under Workers Compensation Insurance. Workers’ Compensation Insurance Law (Article 80-3) also stipulates that the Insurance Corporation shall not pay the insurance benefits paid by others under this law, pursuant to regulations laid out in Presidential Decree, in case that he or she receives the money equivalent to insurance benefits for the same reasons under Civil Law and other Acts. As shown in the above rules, each regulation has “Other clause” mutually excluding the indemnity liability so as to prevent the overlapping payment of liability claims if he or she(victim) is paid under other laws. If Automobile accident occurs on victim’s duty, he or she is entitled to file both Automobile Insurance and Workers’ Compensation Insurance claim respectively. However, unfortunately there have been no clear solutions or practically handling Automobile accident occurred on duty even if “other Insurance clause” is stipulated in both Automobile Insurance and Worker Compensation insurance. In that respect, I find it very necessary to come up with a rational and comprehensive improvement plan by further studying and reviewing the above problem. In other words, this paper aims at contributing to the growth of insurance industry by presenting the recommended solution when Automobile insurance and Workers’ Compensation Insurance conflict with each other in handling the accident(bodily injury claim) occurred on duty

피보험이익과 타보험조항에 관한 연구 -자동차보험과 산재보험 중심으로-

박윤철 한양법학회 2012 漢陽法學 Vol.23 No.1

Automobile Insurance which covers the liability arising out of automobile accident is quite different from Workers Compensation Insurance which has the purpose of covering the bodily injuries arising out of accident occurred on duty, but the problem of double payment by both insurance policies arises at the time of automobile accident. The Automobile Insurance general policy wording (Article 14-(2)-⑨-Ma) says that Automobile Insurance shall not cover bodily injuries sustained to the person if he or she is injured as an employee of insured and then is covered under Workers Compensation Insurance. Workers’ Compensation Insurance Law (Article 80-3) also stipulates that the Insurance Corporation shall not pay the insurance benefits paid by others under this law, pursuant to regulations laid out in Presidential Decree, in case that he or she receives the money equivalent to insurance benefits for the same reasons under Civil Law and other Acts. As shown in the above rules, each regulation has “Other clause” mutually excluding the indemnity liability so as to prevent the overlapping payment of liability claims if he or she(victim) is paid under other laws. If Automobile accident occurs on victim’s duty, he or she is entitled to file both Automobile Insurance and Workers’ Compensation Insurance claim respectively. However,unfortunately there have been no clear solutions or practically handling Automobile accident occurred on duty even if “other Insurance clause” is stipulated in both Automobile Insurance and Worker Compensation insurance. In that respect, I find it very necessary to come up with a rational and comprehensive improvement plan by further studying and reviewing the above problem. In other words, this paper aims at contributing to the growth of insurance industry by presenting the recommended solution when Automobile insurance and Workers’ Compensation Insurance conflict with each other in handling the accident(bodily injury claim) occurred on duty

중국 자동차 교통사고 강제보험제도에 대한 고찰-자동차 교통사고 책임강제보험조례를 중심으로-

고재종 ( Koh Jae-jong ) 한국외국어대학교 법학연구소 2009 외법논집 Vol.33 No.2

Automobile insurance(also known as vehicle insurance, car insurance, or motor insurance) is insurance purchased for cars, trucks, and other vehicles. Its primary use is to provide protection against losses incurred as a result of traffic accidents and against liability that could be incurred in an accident. This insurance is two types such as voluntary insurance and compulsory insurance. The comprehensive insurance is included in the former, the automobile insurance based on "The Automobile Accident Compensation Security Act" is included in the later. Especially, the Compulsory insurance about the automobile accidents is that compensate the incurred persons for the life and property loss by the automobile operating accident. In China, the compulsory insurance like the korean's insurance is enacted by the compulsory insurance law about the liability of the automobile traffic accidents and the same law comes into force from July 2006. Therefore, in this thesis, I will inquire into the differences and the improvements of the compulsory liability insurance law between the China and the Korea. In the Concrete, at first, I will examine the backgrounds of the formation of the compulsory liability insurance law. Secondly, I will examine the contents and the improvements of the chinese automobile insurance law. By the these examination, I will point out the several advice when we are going to enter into the china. As a result, I founded in the several difference between chinese compulsory insurance and korean insurance about the automobile traffic accidents. So to speak, it serves as the examples such as the difference of the law's system, the difference of the compensation extents, the difference of the handling procedures after insurance period's terminations, the possibility of the deferment after insurance contract' offer and the difference of the necessary conditions and proceedings of the notification obligation, etc.

Impact of Automated Driving Technology on Japanese Automobile Insurance Market

Akio Hoshino 한일경상학회 2021 韓日經商論集 Vol.92 No.-

Purpose: This study attempts to predict the scale of the Japanese automobile insurance market. The forecast is based on the understanding of safety technologies and historic market trends. Research design, data, and methodology: Automobile insurance, together with compulsory automobile liability insurance (CALI), holds more than 50% of the total premium in the Japanese non-life insurance industry. If automated driving prevails, automobile accidents would likely decrease rapidly. Even if fully automated driving does not occur in the near future, some of its elemental technologies, especially collision damage mitigation braking, will significantly reduce the incidence of automobile accidents, and thus the market for automobile insurance. Moreover, as the country’s population decreases, the number of automobiles owned and licenses issued will reduce. We made 20-year predictions of the automobile insurance market in Japan. The calculation is based on demographic data, penetration of safety devices, and their accident prevention effects on bodily injury and property damage. Data are gathered from Japanese governmental statistics, insurance statistics, and research institutes. Results: Our prediction indicates that in the medium-term, the Japanese automobile insurance market will remain stable, and the reduction in the frequency of accidents may proceed slowly and will be mostly offset by the increasing amount of claims per accident. Although we do not have a quantitative estimation for the long term, it may fall drastically after the onset of fully automated driving. Implications: The challenge for insurers in the medium term will be to adapt to the transitional period of declining automobile accidents. In the long term, the weight of lines will shift from automobile insurance to new types of insurance, and insurers will need to implement various structural changes to adapt to this change.

자동차보험에서 기술의 발전과 보험요율과의 관계 -일명 지능형 자동차와 스마트자동차보험 문제-

장재옥 ( Chang Jae-ok ),김은경 ( Kim Eun-kyung ) 한국외국어대학교 법학연구소 2012 외법논집 Vol.36 No.4

The development of automobile industry and the advancement of information communication technology predict the risk of a car accident during driving through sending regular technological messages. The technology is also able to reduce accident by providing drivers with opportunity of avoiding it. With the use of the technology, a big change will be brought in the field of automobile insurance. The development of automobile technology and communication will change some variables in automobile insurance because it reduce the risk. A smart car insurance has been introduced through joining telematics and global positioning system (GPS) in driving automobile. The initial type of the smart car insurance was a main system of distance-based vehicle insurance that measured or readjusted an insurance charge by measuring driving distance. On the other hand, recently the type focuses on the telematics-based vehicle insurance. Automobiles installed with telematics technology means that a driver is able to reduce the accident ratio with the system. With the system, the reduced accident ratio may well reduce insurance risk ratio. So, the installation of telematics technology is directly related to the reducement of insurance premium rate. However, in order to make merchandise by connecting insurance, damage rate and practical statistical result should be calculated through experience. The collaboration process of data collection is required in the fields of an insurance industry and a technology development enterprise because the process must show the practical reduction of accident ratio (risk ratio) in installing telematics. In the near future, telematics and GPS will be used on the road. With the system, the automobile accident during driving will be reduced by employing the system of sending and receiving communication between automobiles, or automobile and social basement facility. As the reducing ratio of car accident, the insurance premium rate is reduced. So, an economic reform will be accomplished in the field of automobile insurance if some problems are solved such as privacy, GPS control, and regulation of insurance charge depending on risk.

연구논문(硏究論文) : 최근 판례를 통해 본 보험자의 자기신체사고 책임 -대법원 2009. 2. 26. 선고 2008다59834, 59841판결-

김광록 ( Kwang Rok Kim ),이규만 ( Kyu Man Lee ) 한국상사판례학회 2011 상사판례연구 Vol.24 No.4

A self physical accident insurance is a kind of the damage insurance that, in case of the insured person injured by an accident of the insured automobile, the insurer has to pay the insurant the insured money prescribed by the automobile insurance policy about the personal damages caused by an accident of the insured automobile while the insurant manage, own, and use the insured automobile. Therefore, this Article discusses about what to see insurance accident in self physical accident and it is a scope of the problem how to interpret the range of Article 11 of the Automobile Insurance Standard Clauses or how to admit a causal relationship between accidents and injuries. Even if an accident caused by the operation during operation of insured automobile was interpreted limitedly, the controversy shall be deemed to continue against the insured automobile accident while insurant manage, own, use the insured automobile without regard to their operation under the precedent cases and the practical business circumstances. Thus, the Article 3 of the Guarantee of Automobile Accident Compensation Act also regulates, with the same interpretation of the precedent cases and the practical business circumstances, the liability for damage caused by automobile accident in cases where any person who operates an automobile for personal use has killed or injured another person by such operation of the insured automobile. This Article examines the legal matters related to the responsibility of the insurant self physical accident and the application of the automobile insurance policy in order to solve the problems occurred from the frequent confusions resulted from the different interpretations of the range of Article 11 of the Automobile Insurance Standard Clauses through the supreme court case that handled the specific accident occurred in the process of opening and closing the door of the insured automobile.

사법분야 투고논문 : 자동차보험의 법적성격과 권리구제 개선방안

송기민 ( Ki Min Song ),정정일 ( Jeong Ile Jeong ) 한양대학교 법학연구소 2013 법학논총 Vol.30 No.2

As social security in modern society has rapidly evolved and changed, different areas of social security have become segmented and specialized. The specialization and segmentation of social security programs can result in a number of disputes, big or small, over the distribution of benefits, leading to an increased need for national remedies in the area of social insurance. In 1963, the Automobile Accident Compensation Security Act(hereinafter “AACSA”) was enacted to protect car accident victims and, in 1983, the Special Act for Traffic Accident Treatment was enacted. Since then, cars have been part and parcel of our daily lives. This study examines the legal nature of automobile insurance in connection with the AACSA and whether there are any problems in terms of the protection of people`s and victims` rights. Since the legislative grounds for the AACSA are closely related to social security programs, including the protection of car accident victims against offenders, automobile liability insurance can be deemed to be public as a sort of social insurance. However, despite its nature of social insurance, under the current contradictory system, the legal mandate forces people to purchase car insurance run by private insurance companies, raising the following fundamental problems, especially the lack of remedies. Firstly, no appeal procedure is in place for health care organizations in connection with medical fees in automobile insurance. Secondly, no legal protection is provided to protect the rights of car accident victims. Though a few programs are in place to provide remedies for car accident victims, there is no legal protection that allows the victims to seek legal remedies through an appeal procedure. Since automobile insurance plays a role as social insurance, legal remedies should be in place to protect people`s legal rights. The nature of automobile insurance should be clearly established as public insurance whose purchase is a legal mandate, and amendments should be also made to the AACSA, such as new remedy provisions to provide protection against infringement arising out of insurance management. Furthermore, the government should provide assistance in the form of civil rights protection programs and grants, including the formation of the automobile insurance dispute arbitration center responsible for performing the aforementioned activities.

자동차보험 진료수가제도의 적정화 방안에 관한 연구

조규성(Cho Gyu-Seong) 부산대학교 법학연구소 2010 법학연구 Vol.51 No.2

자동차보험 진료수가의 의미에 대해서는 자동차손해배상보장법 제2조 제7호에서 명확하게 정의하고 있지만 자동차보험 보상실무에서는 이의 적용을 둘러싸고 오랫동안 보험업계와 의료업계간에 첨예한 대립이 생기고 있다. 특히 국토해양부장관의 ‘고시’로 시행되고 있는 ‘자동차보험 진료수가기준’을 적용함에 있어서 동 고시의 법적성격에 대해 의료기관과 법원의 입장은 법규명령으로서의 대세적 효력 인정을 부정하고 있는 반면에, 보험회사는 대세적 효력을 인정하여 자동차사고 피해자들에게 ‘자보수가기준’의 적용을 강제하는 획일적인 업무처리로 인해 많은 불편과 피해를 주고 있는 실정이다. 그 밖에도 자동차보험 진료수가와 관련한 여러 문제들로 인해 보험소비자는 자동차사고를 당했지만 적절한 치료를 받지 못하는 문제가 발생하기도 한다. 따라서 본 논문에서는 현행 자동차보험 진료수가가 안고 있는 근본적인 문제점들 특히 건강보험수가와의 가산율 차이와 진료비 심사체계의 비효율성에 대한 문제점 분석과 이에 대한 개선방안으로 자동차보험 진료수가의 건강보험수가와 일원화 방안과 진료수가체계를 행위별 수가제가 아닌 포괄수가제의 도입을 통한 분쟁해결방안의 제안 등을 통해 필자 나름의 해결책을 제시해 보았다. 나아가 현행 자동차보험 보상실무에서 ‘자보수가’의 적용과 관련된 기타 문제점들 예컨대 선택진료비의 인정문제와 기왕증 진료비에 대한 효율적 처리방안, 향후진료비의 자보수가 적용문제와 과도한 입원환자에 대한 보험회사의 진료비 임의삭감문제의 해결방안과 자동차보험진료수가 분쟁심의회와 관련된 문제점과 개선방안 등에 대해서도 살펴보았다. 결론적으로 본 논문에서 제안한 사항은 논의의 결론이라기보다 사회적 논의의 새로운 출발을 위한 제안이라고 봐야 할 것이다. 향후 더 많은 연구와 노력을 통해 자동차보험 진료수가제도가 적정화되고, 나아가 보험회사와 의료기관, 피해자 모두가 만족할 수 있는 제도가 될 수 있도록 후속 조치들이 뒤따라야 될 것으로 본다. Automobile insurance in Korea is kind of liability insurance which has a purpose of compensating the demage as the insured becomes legally obligated to pay as demage of automobile accident of injury. However comparing the Automobile Insurance Medical Fee automobile accident of injury. However comparing the Automobile Insurance Medical Fee with the Medical Fee of Public Health Insurance by focusing on the level of medical fee, the Automobile Insurance Medical Fee is higher than the Medical Fee of Public Health Insurance. On the ground of that reason, the resolution of the victim compensation of patients need to be estimate the percentage of apportionment of medical fee. In case of regular insurance accident, claim of insurance money is given to the insurer. There are many claims in payment of medical fee which occurred complexly by breach of driver's duty and patient's predisposition. The objective of this study is to meet the foregoing necessity, that Automobile Insurance Medical Fee need to be squared with the Medical Fee of Public Health Insurance, and need to be squared with medical fee examination system both medical fees for efficiency. Also medical service charges in automobile insurance, along with Industrial Disaster Compensation Insurance should be in line with Public Health Insurance and selective consultation system should be abolished.

일본의 자동차 의무보험에 대한 감독제도

양진태(Yang Jin tae) 한국보험법학회 2011 보험법연구 Vol.5 No.1

우리나라와 일본은 자동차보유자에게 자동차사고에 따른 손해배상책임을 담보하는 보험의 가입을 강제하고, 보험회사에는 인수의무를 부과함으로써 자동차사고 피해자를 구제하는 제도를 운영하고 있다. 아울러 韓日 양국은 자동차손해배상책임보험을 의무보험과 임의보험으로 二元化해서 의무보험의 보상범위를 초과하는 경우에 보충적으로 임의보험을 통해서 보상하는 제도를 시행하고 있는 공통점을 갖고 있다. 우리나라와 일본의 자동차의무보험제도는 의무보험사업에 대한 규제와 감독에서 많은 차이를 나타내고 있다. 일본의 자동차손해배상보장법에서는 자동차의무보험사업자에 대하여 No Loss No Profit 원칙 에 따라 보험요율을 산정하도록 하고, 정부가 보험요율을 조정할 수 있는 제도를 운영하고 있다. 또한, 의무보험사업에 대하여는 자동차손해배상보장법에서 보험업법에 의한 책임준비금적립 규제 외에 별도의 준비금 적립을 의무화하고 있으며, 의무보험사업의 손실 보전 등을 위해서만 동 준비금을 사용할 수 있도록 제한하고 있다. 한편, 일본은 자동차의무보험사업자에 대하여 보험풀의 참가를 강제하고, 사업자들이 보험요율과 보험약관 등을 공동으로 사용토록 하는 등 의무보험사업 전반에 걸쳐서 카르텔을 결성토록 규제하고 있다. 자동차의무보험사업에 대하여 우리나라는 일본보다 완화된 수준의 규제와 감독을 하고 있다. 자동차의무보험의 보험요율에 대한 강력한 통제와 의무보험사업자에게 카르텔의 결성을 강제하는 일본의 제도는 우리나라와 많은 차이가 있다. 미국이나 유럽 등 주요국의 제도와 비교할 때, 일본과 같이 의무보험의 보험요율 등에 대하여 강력한 통제를 하고 카르텔을 통해서만 의무보험사업을 영위토록 제한하는 것이 자동차사고 피해자의 구제를 충실하게 하기 위한 필요불가결한 것인지는 의문이다. 다만, 자동차의무보험에는 임의보험과 달리 피해자 구제를 위한 사회보장적 성격을 갖고 있는 점을 완전히 배제할 수는 없으므로, 향후 제도개선을 할 때에는 자동차사고에 대한 안전망(safety-net)으로서 자동차의무보험제도가 기능할 수 있는 방향으로 나가야 할 것으로 생각된다. Korea and Japan operate systems for car accident victims through forcing owners of automobile to subscribe to an insurance which guarantees the liability for damage caused by automobile while insurance companies to take over the insurance. Moreover, both countries divide automobile liability insurance into mandatory insurance and voluntary insurance, and operate systems where voluntary insurance covers the loss in excess of the compensation limit of mandatory insurance. But, there are significant differences between the automobile mandatory insurance systems of Korea and Japan in terms of the regulation and supervision of the mandatory insurance business. Japan's Guarantee of Automobile Accident Compensation Act operates systems where mandatory insurance carriers calculate premium rates based on the "No Loss No profit" rule and a government can adjust the premium rates. It is also compulsory for mandatory insurance business to accumulate extra reserve other than liability reserve required under the Insurance Business Act. It is limited for mandatory insurance business to use the extra reserve only for the purpose of recouping losses. On the other hand, Japan makes mandatory insurance carriers to form a cartel throughout the industry by forcing them to take part in an insurance pool and allowing them to share insurance rates and insurance clauses. As to the mandatory insurance business, Korea has milder regulations and supervisions than Japan does. There are many differences between Japan and Korea in terms of that Japan strongly controls insurance rates and forces mandatory insurance carriers to form a cartel. Compared to the systems of the U.S., Europe or other major countries, it is doubted that Japan's system of controlling insurance rates strongly and forcing a cartel is necessary to help car accident victims. However, I believe that the mandatory insurance system should go in the direction where it functions as a social safety net because, unlike voluntary insurance, mandatory insurance has social security features which are difficult to be completely excluded.

자동차보험약관에 관한 한,중 비교

남원식 ( Won Sik Nam ) 보험연구원 2003 보험금융연구 Vol.39 No.-

오늘날 각국의 자동차보험은 그 나라의 경제상황과 교통문화 및 관련법규 등을 반영하는 중심축이라 해도 과언이 아니다. 이러한 사실은 중국의 자동차보험제도 발전과정을 통해서도 잘 드러나고 있다. 최근 중국은 개혁과 개방정책으로 비약적인 경제발전과 함께 자동차 보유대수도 증가하면서, 자동차사고 발생률도 급증하기에 이르렀다. 자동차사고의 폐해에 직면하게 된 중국은 자동차사고로 인한 인적, 물적 손해를 전보하는 자동차보험의 중요성을 인식하게 되었으며, 사고 피해자를 보다 효과적으로 보호하기 위한 자동차보험관련 법제도의 보완도 더욱 필요하게 되었다. 그러나 아직도 중국의 자동차보험 관련 법제도와 약관에는 해결하여야 할 많은 문제점과 과제를 안고 있다고 할 수 있다. 중국이 비록 사회주의적 국가체제이지만, 급속한 경제발전과 전반적인 생활수준의 향상에 따라 교통사고 피해자들의 권리의식은 더욱 강화될 것이고, 적정한 피해보상 요구가 더욱 거세어 질 것이다. 이러한 상황에서, 본 논문이 중국의 자동차보험제도 및 약관의 이해와 발전에 좋은 밑거름이 되었으면 하는 바람이다. Nowadays, it can be said that the Automobile Insurance System of a nation reflects its economic situation and Automobile culture. You can notice it simply by looking at development process of Chinese Automobile Insurance System. In recent years, China has made rapid progress in economy with its reformation and the open-door policy. With its rapid progress in economy, the number of its automobiles is also sharply increased and it resulted in a sudden increase of automobile accidents. In the face of the ill effect of automobile accidents, the government of China has recognized the importance of automobile insurance which indemnifies for the loss of life and property, and the necessity of the reform of legal systems about automobile insurance which can protect the injured effectively. But there are still many problems and tasks to resolve in Chinese legal systems for automobile insurance and policy. Although China is a Socialist state, as its economy and the standard of living grows and develops, the claims of the injured and demand for the appropriate compensation will get more strong. In such situations, I hope that this dissertation gives you a good grasp to understand the Chinese automobile insurance systems and policy and can be of great help to develop Chinese automobile insurance.