Recently a new kind of business, so called Traffic Penalties Compensation Business, came to appear in Korea as well as in Japan. With a great number of customers(members) the manger of this business enters into Traffic Penalties Compensation Contracts...
Recently a new kind of business, so called Traffic Penalties Compensation Business, came to appear in Korea as well as in Japan. With a great number of customers(members) the manger of this business enters into Traffic Penalties Compensation Contracts, whereby the manager undertakes, in return for the agreed dues paid by members, to pay on behalf of them the pecuniary penalties against their negligent traffic violations. These contracts may be allowed as liability insurance contracts. Because it would be contrary to public policy to shift the liabilities for pecuniary penalties against `intentional` acts to the liability insurers, but in case of the liabilities for pecuniary panalties against `negligent` acts it world not thwart public policy to shift these liabilities to the liability insurers. Therefore the regulations of Chapter Ⅳ of Korean Commercial code, called Insurance Contract Law, should be applied to these contracts. Also according to Korean Insurance Business Act this business, as an insurance business, should be under the supervision of the authorities concerned, namely Financing Supervisory committee and Financing supervisory Services.