자동차보험에 있어서 과잉수리비에 관한 정비업자와 보험회사간의 법적 쟁점에 관한 소고

Abstract

It is the official proclamation for reasonable car repair cost system that the competent minister made proper repair costs investigated and published for the purpose of preventing consecutive disputes between maintenance mechanics and insurance companies and protecting policyholders because standard costs on repair costs are not adjusted. The Supreme Court about this system acknowledges its objectivity. In order for the publication system to get recognized, the contents should be updated regularly. There are parts to agree with for the contents that repair enterprises criticize about the present publication system. It is because there are some aspects that disbelief of repair enterprises about the system was incurred from the government. It is a latest working-level tendency that car owners who were charged for excessive repair costs pay the costs first to repair enterprises and later they ask insurance companies to pay the money. There are lots of difficulties in that insurance companies execute the claim for restitution of unjust enrichment against repair enterprises about excessive repair costs. Also, since execution of the subrogation right of creditors or the claim for restitution of unjust enrichment about subrogation right of insurers does not meet the requirements, the execution is impossible. The highly potential for execution from a business respective is to acknowledge the deed to transfer the claim for restitution of unjust enrichment which car owners have against repair enterprises to insurance companies. To preserve rights of insurance companies, related with excessive repair costs, necessity to stipulate the transfer of obligations of car owners in laws or terms can be raised. Moreover, it is necessary to limit that repair enterprises directly ask repair costs of car owners. For the right to claim insurance money that car owners have against insurance companies, by taking over the right from car owners, it is considered that making repair enterprises charge directly repair costs to insurance companies is a realistic method.