자동차책임보험상 피해자의 법적지위- 직접청구권 및 가불금청구권을 중심으로 -

Abstract

This article looked through the legal status of the direct right of action and the action for temporary payments. This rights is a representative rights of victims of automobile accident to make up damage in automobile insurance. To protect automobile accident victims who couldn't have appropriate compensation from the inflictor, the direct right of action in liability insurance was established by Commercial Law(Article 724) and Act on Guarantee of Compensation for Loss Caused by Automobile(Article 10). Besides, the right of action for temporary payments was established by Act on Guarantee of Compensation for Loss Caused by Automobile(Article 11) to heighten up on the victim’s right when liability of compensation or amount of indemnity aren't exactly decided from automobile accident immediately. Both rights are granted to victims of automobile accident to make up damage and especially regulated by law to protect traffic accident victims. As such, even though the Direct right of action and the right of action for temporary payments is a system designed to protect traffic accident victims, various problems have arisen in the exercise of the claim. Therefore, this article looked through the legal characteristics, exercise of claims, relationship between the direct right of action and other right of action and extinctive prescription of the direct right of action, and examined closely several disputes of the right of action for temporary payments such as payment obligation of insurers who don't have liability of compensation for traffic accident, range of payment about medical expenses and other indemnities and so on. And then this article suggested improvement measure for the problems related to these rights.