책임보험에서의 내부관계와 대피해자관계에 관한 고찰 - 독일 법제와 비교를 중심으로 -

Abstract

Nowadays liability insurance plays very important role. There are three separated relations among three parties(insurer, the insured, the injured third party). There is insurance relation between insurer and the insured. The insured has right to claim insurance money according to the insurance contract. The third party has a claim for damages to the insured. It is often arising from tort. Furthermore, the injured third party has direct claim to the insurer. The german insurance contract law regulates this right of the third party in §115. In korean commercial code,§724 (2) regulates the direct claim right. According to § 659 korean commercial code, the insurer becomes immune from the duty to give insurance money not only by willful act, but also by gross negligence. But in liability insurance, the insurer should pay insurance money even if the insured conducted in gross negligence. § 103 german insurance contract law regulates that the insurer becomes immune from the duty to give insurance money in case of willful act of the insured. We should have such a kind of regulation in commercial code. This paper suggests that in § 719-2 korean commercial code willful act immunity regulation should be adopted. And the third party should be protected in some cases although the insurer becomes immune from the duty to give insurance money against the insured. We should adopt such a regulation in § 719-3 korean commercial code. But such a regulation should be applied only to the compulsory liability insurance.