제4차 산업혁명 기술 발달과 보험법의 대응 - 자율주행자동차의 등장과 법적 쟁점, 향후 법적 과제에 관한 연구 -

Abstract

Self-driving cars will have positive effects in various ways, such as increasing transportation efficiency, increasing fuel efficiency, reducing social costs due to reduced traffic accidents, improving quality of life, changing social structure, and creating new industries. However, negative effects may include rising vehicle purchase prices, increased maintenance costs, and personal information leakage. In particular, the possibility of an increase in cyber risks such as leakage of drivers' driving information, personal information, and hacking cannot be ruled out. Traditionally, those who pay compensation for human and material damage caused by car accidents include drivers who are illegal, holders who have legitimate rights to cars, and third parties that contributed to the accident. In the era of autonomous driving, accidents caused by autonomous driving systems may increase rather than drivers' negligence, so those who contributed to the development of autonomous driving systems can take the lead in compensation for damages. Self-driving cars have become more convenient for humans with the development of technology, and have become an intelligent tool that allows cars to self-recognize the road environment and collect relevant information necessary for driving. Self-driving cars will be operated by combining machines and programs with artificial intelligence and computational capabilities, and the types of accidents caused by self-driving cars will also be different. However, the result of the accident is the same as a physical accident or a human accident, but the cause and nature of the accident will be completely different. As a result, it is necessary to improve the insurance system and the liability for damages due to operation as a passive tool by traditional machinery, and the current auto-related damage law and insurance system are found to have some limitations as compensation and insurance systems in the event of self-driving accidents Korea has prepared safety standards for self-driving cars in 2019, and is pushing for institutional maintenance by establishing an investigation committee dedicated to self-driving car accidents in the second half of 2020. With the realization of self-driving cars, there is a high possibility that changes will occur in the conventional person-centered responsibility system, namely the driver- or driver-centered responsibility system. Traditionally, the vehicle's operation was solely attributable to the owner of the vehicle since it was handed over, but it would require continuous involvement and management of the manufacturer and system provider. Therefore, in the era of autonomous driving, the owners, users, vehicle and the controllers of the system will have to share the responsibility as operators, so appropriate responsibility sharing measures should be drawn up. In the future, along with the improvement of such institutional devices, it is also necessary to promote the self-driving car industry and properly protect the damage caused by the operation of self-driving cars. As a result, it is necessary to clearly hold automobile manufacturers, autonomous driving systems manufacturers, and operators who can benefit from operator-centered damages in the event of a car accident to enhance the development of technology to protect humans.