본문 바로가기
KERD
논문KCI 등재

자동차보험에서의 운행의 개념에 대한 최근 판례 분석

A analysing study on the recent court cases about operation concept in motor insurance

0

조회

0

다운로드

2

인용

0

참고문헌

키워드

주제분류법학

초록

Nowadays car insurance plays very important role in our society. Recently every home has a car or cars. When a accident occurs we confront the motor insurance to indemnify the loss. In korea there are many discussions about operation concept in motor insurance. By the regulating process of the car accident, the interest of insured can be neglected because of the vagueness of the concept of the car operation. To solve the problems we must look at court cases and dispute settlement cases of the financial supervisory board. The korean supreme court cases play very important role in the definition of operation concept in motor insurance. But even supreme court cases show some problems. They show some confusions. Therefore we should find out right direction for the consistent line of this concept. This study concentrates on showing the widening trend of korean supreme court cases about the definition of concept of the car operation. It has found out some problems of concept of the car operation in regard of the court cases and dispute settlement cases. The author has meanwhile tried to provide some suggestions about reform of operation concept in motor insurance in retrospective point of view. It has tried to show the right direction for the reform about the concept of operation. In short, we should find the right answer in concrete cases. There are no definite answer in solving the problems of operation concept in motor insurance. We should find out rational conception case by case.

Abstract

Nowadays car insurance plays very important role in our society. Recently every home has a car or cars. When a accident occurs we confront the motor insurance to indemnify the loss. In korea there are many discussions about operation concept in motor insurance. By the regulating process of the car accident, the interest of insured can be neglected because of the vagueness of the concept of the car operation. To solve the problems we must look at court cases and dispute settlement cases of the financial supervisory board. The korean supreme court cases play very important role in the definition of operation concept in motor insurance. But even supreme court cases show some problems. They show some confusions. Therefore we should find out right direction for the consistent line of this concept. This study concentrates on showing the widening trend of korean supreme court cases about the definition of concept of the car operation. It has found out some problems of concept of the car operation in regard of the court cases and dispute settlement cases. The author has meanwhile tried to provide some suggestions about reform of operation concept in motor insurance in retrospective point of view. It has tried to show the right direction for the reform about the concept of operation. In short, we should find the right answer in concrete cases. There are no definite answer in solving the problems of operation concept in motor insurance. We should find out rational conception case by case.

참고문헌 (20)

  1. 강위두, "상법강의(하)" (2004), 형설출판사
  2. 김광석, "자동차 ‘운행’으로 인한 사고의 의미, 법률신문 제3229호", ~ (2003)
  3. 김성태, "보험법강론" (2001), 법문사
  4. 김은경, "자동차손해배상보장법상 운행의 개념에 관한 법적 고찰", 상사법연구, 24(3), pp.149~181 (2005), 한국상사법학회
  5. 남원식, "자배법 및 장기상해보험에 있어서의 “운행”의 정의와 관련판례의 추이", 손해보험 (2005)
  6. 박세민, "자동차보험의 이론과 실무" (2007), 세창출판사
  7. 박세민, "판례를 통한 자배법 제3조의 운행자 개념의 분석", 비교사법, 6(1) (1999)
  8. 삼성화재, "고객권익보호위원회 1〜11회 심의결정사례집" (2010)
  9. 양승규, "「보험법」, 제5판" (2004), 삼지원
  10. 이기수, "「보험·해상법」 제8판" (2008), 박영사
  11. 이병석, "자동차손해배상보장법상의 '운행' 개념", 보험학회지, 55 (2000)
  12. 장덕조, "2008년도 보험법 판례의 동향과 그 연구", 상사판례연구, 22(2), pp.459~495 (2009), 한국상사판례학회
  13. 정상근, "보험계약법" (2006), 도서출판 좋은 땅
  14. 정준택, "장기운전자상해보험 약관상 운행의 의미", 손해보험 (1998)
  15. 정찬형, "「상법강의(하)」, 제12판" (2010), 박영사
  16. 최준선, "보험법·해상법" (2005), 삼영사
  17. 한기정, "자동차손해배상보장법상의 운행의 개념에 관한 연구", 서울대학교 법학, 49(3), pp.213~240 (2008), 법학연구소
  18. Halm, "Versicherungsrecht, Handbuch des Fachanwalts, Bd. III, 3. Aufl." (2008), Luchterhand
  19. Römer, "Versicherungsvertragsgesetz, 2. Aufl." (2003), München
  20. Rüffer, "Versicherungsvertragsgesetz" (2009), Baden-Baden

관련 논문AI추천

이 간행물의 다른 논문 (13건)