상해보험과 상해의 개념 - 대법원 2014.4.30. 선고 2012다76553 판결에 대한 평석을 중심으로 -

Abstract

The modern human life has many risk factors. The development of traffic vehicles has caused many accidents. Therefore the accident insurance is very important for the indemnification of damages arising from such a accident. The accident insurance asks for three elements, sudden attack, contingency, exogenism. But it is very difficult to decide, whether it is accident or not. There are many disputes because of opinion difference between insurer and insured about this point. The supreme court case of 2012DA76553 handles with the health medical examination. The insured has taken health medical examination. During the health medical examination, he has died because of propofol. The propofol causes hypoxia. The bereaved family has asked for the insurance money. The insurance company has rejected it. The district court and the appeals court have decided that the insurance company does not need to pay insurance money. It invoked the contract terms clause. According to the clause, the insurance company will become immune from insurance payment when the insured was injured or died during medical treatment. But the supreme court has decided that in such a case the insurance company should pay insurance money. This paper has analysed the supreme court case in regard of the three elements of accident insurance. It examined also the german legal system and discussions as a comparative study. The foreign legal system is very helpful. Especially the german insurance contract law has exemplary and significant contents. This paper has estimated that the supreme court decision is correct in regard of the protection of the insured.