첨단 자동차 교통 시스템에서의 사고에 대한 법적 책임
Legal Liability of Car Accidents under Intelligent Transport System
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In developed countries, technical breakthroughs have brought transportation systems to cutting-edge along with the development of Intelligent Transport System (ITS). ITS refers to a new transportation system in order to solve various problems of transportation such as car accidents or traffic congestion by building networks among individuals, roads and vehicles with the aid of high-tech Information Technology. Korea has recently started SMART highway project as a major state project and the project is expected to change the current transportation system within the next few years. The expected changes due to the introduction of ITS which controls the operation of automobile may bring some issues on the current legal approach where only car driver is liable for an accident. That is, car accident under ITS intervention is likely to impose legal liability on the manufacturer and manager of ITS as well as civil and criminal liability on driver. This paper investigated driver's damage liability and criminal liability, product liability of ITS manufacturer, and state compensation responsibility of ITS manager with specific cases according to the two types of ITS, Information/Warning systems and Intervention system. In addition, it analyzed the limit and problems of current liability system, which imposes strict liability on driver, and suggested some alternative solutions
Abstract
In developed countries, technical breakthroughs have brought transportation systems to cutting-edge along with the development of Intelligent Transport System (ITS). ITS refers to a new transportation system in order to solve various problems of transportation such as car accidents or traffic congestion by building networks among individuals, roads and vehicles with the aid of high-tech Information Technology. Korea has recently started SMART highway project as a major state project and the project is expected to change the current transportation system within the next few years. The expected changes due to the introduction of ITS which controls the operation of automobile may bring some issues on the current legal approach where only car driver is liable for an accident. That is, car accident under ITS intervention is likely to impose legal liability on the manufacturer and manager of ITS as well as civil and criminal liability on driver. This paper investigated driver's damage liability and criminal liability, product liability of ITS manufacturer, and state compensation responsibility of ITS manager with specific cases according to the two types of ITS, Information/Warning systems and Intervention system. In addition, it analyzed the limit and problems of current liability system, which imposes strict liability on driver, and suggested some alternative solutions
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