교통사고 범죄의 합리적 근절 방안-자동차 보험사기를 중심으로-

Abstract

As of December, 2016, the number of automobiles in Korea has been increasing, and the rate of increase in automobile has been at their highest since 2003. In addition, the number of traffic accidents has reached the level of 232,035 cases, which means that traffic related accidents are common in our society. For this reason, various types of disputes have occurred more than any other field. As traffic accidents lead to the disputes among the parties interested in relation to auto insurance, such as victims and offenders of traffic accidents, automobile companies, medical facilities, and repair stations, it is essential to improve the problems of auto insurance system to ensure healthy and sustainable automobile culture. Characteristics of insurance fraud related to traffic accidents are fabrication of unrisen events specified in the insurance contact(destruction, injury, and death by car crash) by deceiving the insurance companies and acquisition of insurance by falsifying the documents on accidents which already occurred. Based on the recognition on this phenomenon, this article suggested countermeasures for eradication of traffic related crime, especially insurance fraud, in the perspective of criminal justice. To eradicate and prevent the insurance fraud related traffic accidents, it suggested the enhancement of the verification of truth. It also suggested that reports of crime be invigorated in advance. In the long term, it pointed out the need for driving education and cultivation of proper road sense to raise the limit of liability in liability insurance and to strengthen drivers' responsibility. For these purposes, it emphasized the necessity to tighten the procedures of acquiring drivers' license and to strengthen the responsibility of the uninsured vehicle of liability insurance. It also suggested the expansion and activation of guarantee of automobile accident compensation. Among the most, it needs to reform the current insurance system fundamentally. It also suggested that Act on Special Cases concerning the Settlement of Traffic Accidents be abolished or reformed in the long term, considering the insurance system in comparison to the advanced countries and in the perspective of criminal justice. This is necessary for citizens to eradicate the insurance fraud and to settle healthy and sustainable road sense and automobile culture.