음주로 인한 대리운전 중 사고피해자에 대한 배상책임의 귀속 및 보험관계에 관한 연구 -운행자책임을 기초로 한 현행 해석에 대한 비판적 분석-

Abstract

A court of law applies the provisions about operators’ liabilities in Automobile Indemnity Guarantee Act in order to address the liability issue of designated driving accidents. As a result, the dispute over whether the status of a person operating an automobile is granted to designated driver business persons or designated driving clients is arisen. Even if designated driver business persons purchased designated driver insurance, it mostly covers the compensation for the damage that exceeds third party liability insurance I. Consequently, a victim comes to claim for insurance money within the limit of designated driver insurance I to the insurance company of a designated driving client, rather than a designated driver. The interpretation that a user of designated driving in order to avoid a drunk driving accident holds the burden of compensation liability within the limit of liability insurance is in full conflict with the designated driving client’s reasonable expectation. A court of law divides a victim into a third party and into a designated driving client, and such an interpretation has a problem. Depending on which category a victim is involved in the same accident, the status of a person operating an automobile and the status of a third party, which are incompatible generally, are granted to the same person. It is hard to accept the interpretation. Regardless of victims, it is not reasonable to grant the status of a person operating an automobile to a designated driving client. It is necessary to interpret that a designated driving client does not control driving any more as soon as he or she gives a car key to a designated driver. Designated driving business persons who receive prices and do business should compensate for designated driving accidents. Therefore, it is necessary to establish the act of designated driving business and stipulate that one of the permission conditions for designated driving business is to purchase designated driver insurance obligatorily. In addition, the compensation for victims in third party liability insurance I should be covered by designated driver insurance. The issue of designated driving accidents should not be solved in the aspect of operators’ liabilities in Automobile Indemnity Guarantee Act. It should be under the liabilities in business of designated driving business persons. Therefore, it is required to make legislation as fast as possible.