자동차보험 산재면책약관의 쟁점과 개정약관의 문제점

Abstract

A Study on the Issues of the Workers Compensation Exclusion Clause and the Problems of the Amended Clause in Automobile Insurance Policy In most cases inclusive of Korea, an automobile insurance does not cover bodily injury to an employee of a covered person if the injury occurs during the course of employment. It is why this exposure is typically covered under workers compensation insurance. Workers compensation exclusion clause in bodily injury liability coverage of automobile insurance policy in Korea was amended 7 times from 1976 to 2006. They have disputed about a validity and an application scope of the exclusion for a long time. The supreme court decided that the exclusion is valid and the exclusion does not apply if the employee is not covered by workers compensation insurance. Actually the controversy over the validity of the exclusion is over, but they go on disputing whether the bodily injury coverage in auto insurance should cover the damage which exceeds the amount paid by workers compensation insurance. The supreme court decided that the coverage should cover the excess damage. It is right because it goes against the basic purpose of the insurance that the coverage does not cover the excess damage. And the new exclusion clause revised in 2006 has a problem which has to be amended. According to the new clause the insurer is not responsible if the guilty party and the injured party are an employee who works under the same employer, and the insurer is not responsible if the guilty party is the named insured as well. It is not reasonable because the purpose of the exclusion is for excluding the liability of not an employee but an employer and the guilty employee of the named insured does not usually have any other coverage for the liability except the auto insurance.