최근 판례를 통해 본 보험자의 자기신체사고 책임 - 대법원 2009. 2. 26. 선고 2008다59834, 59841판결 -

Abstract

A self physical accident insurance is a kind of the damage insurance that, in case of the insured person injured by an accident of the insured automobile, the insurer has to pay the insurant the insured money prescribed by the automobile insurance policy about the personal damages caused by an accident of the insured automobile while the insurant manage, own, and use the insured automobile. Therefore, this Article discusses about what to see insurance accident in self physical accident and it is a scope of the problem how to interpret the range of Article 11 of the Automobile Insurance Standard Clauses or how to admit a causal relationship between accidents and injuries. Even if an accident caused by the operation during operation of insured automobile was interpreted limitedly, the controversy shall be deemed to continue against the insured automobile accident while insurant manage, own, use the insured automobile without regard to their operation under the precedent cases and the practical business circumstances. Thus, the Article 3 of the Guarantee of Automobile Accident Compensation Act also regulates, with the same interpretation of the precedent cases and the practical business circumstances, the liability for damage caused by automobile accident in cases where any person who operates an automobile for personal use has killed or injured another person by such operation of the insured automobile. This Article examines the legal matters related to the responsibility of the insurant self physical accident and the application of the automobile insurance policy in order to solve the problems occurred from the frequent confusions resulted from the different interpretations of the range of Article 11 of the Automobile Insurance Standard Clauses through the supreme court case that handled the specific accident occurred in the process of opening and closing the door of the insured automobile.