産災保險事故에 대한 自動車保險免責約款의 效力

Abstract

“Industrial Accident Exclusion” clause of the Korean Automobile Insurance Policy states that insurers do not provide liability coverage for an bodily injured employee of the insured arising out of and in the course of employment by the insured. Because of the coverage conflict between Industrial Accident Insurance and automobile Insurance, this clause has caused a heated controversy. In this paper we examine the validity of this clause. The traditional view that workers’ injury is compensated only by Industrial Accident Insurance must be revised based on the fundamental welfare ground that laborers’ injury must be compensated and the fact that the current trend of labor accidents compensation system tends to emphasize daily living security. Therefore, it is argued that the Automobile Liability Insurance must play a role in promoting the welfare of workers involving car accidents. From this point of view, it is concluded that first the Automobile Insurance’s Industrial Accident Exclusion clause is not completely valid and that the coverage coordination between the Industrial Accident Insurance and Automobile Insurance should be necessary.