교통사고 비범죄화를 위한 교통사고 조사체계 정립에 관한 법제 연구

Abstract

In Korea occur about 1 million of traffic accidents each year, but approximately only 23 percent of them are reported to the police and investigated. In other words, most of traffic accidents are terminated in civil cases between a person and insurer. It makes the problem of unfairness between traffic accidents that are investigated by the police and that are not. As a result national punishment subordinates to individual decision to make a report or not. Moreover, because of repetitive investigation by the police and insurer people experience very discomfort and unnecessary social costs are generated. This study suggests improvement of traffic accident investigation system, which is suitable for Korea by comparing and weighing the rules, state and the system of traffic accident investigation, also car insurance system of Korea against that of developed nations. For the decriminalization of minor offenses, when there is no authority of prosecution in a tarffic accident case, it is needed to exempt the driver from punishment(fines and penalty points) to solve the problem of unfairness between reported and unreported traffic accidents. In addition, it is necessary to make an integrated report receipt system for preclusion of duplicated dispatch and repetitive investigation by the police and insurer. And it is recommended to constitute an independent organization of first measure for fair and rapid settling to the matter, and to make a sharing system of financial informations that insurance companies possess for effective prevention and inquiry of insurance crime.