「무보험자동차에 의한 상해」보험의 법적성질과 양도조항에 관한 연구」

Abstract

The legal nature of uninsured motorist coverage has become a very important subject for discussion, since the constitutional decision of the Constitutional Court with regard to the decision of Supreme Court holding that the drunken driving exceptions clause of medical payments coverage for a personal accident insurance is nullity and Article 732.2 of the Commercial Law. The reason is because the interpretation of clauses may greatly differ, depending on whether the said issue belongs to the category of a non-life insurance or a personal accident insurance under the Commercial Law. Especially, unlike Article 726.4 (Assignment of Vehicle) of the Commercial Law, a special provision of Article 679 (Assignment of Insurance Target) of the Commercial Law, the uninsured motorist coverage excludes the afore-mentioned special provision, which can cast a possible dispute regarding the personal accident insurance of the uninsured motorist coverage. In addition, the assignment clause is applied to an automatic security special clause, "Driving Others Automobile Clause" of the uninsured motorist coverage, of which legal nature is totally different. For this reason, a need to define it clearly arises. Accordingly, a future revision direction of some clause in the uninsured motorist coverage and driving others automobile clause has been suggested in this paper by pointing out the problem of the assignment clause, arising from such legal nature.