자동차손해배상보장법상의 운행의 개념에 관한 연구

Abstract

The concept of operating the automobile prescribed by the Automobile Indemnity Guarantee Act(AIGT), which is related with the ambit of protecting the automobile victim, is controversial in its interpretation among academics and lawyers. This paper seeks to make a critical and analytical approach about this significant issue as follows. Firstly, it is necessary to elucidate the reason why the concept of operating the automobile is stipulated in the AIGT. This task could be successfully done by determining which should take prior consideration in deciding the concept of operating the automobile among the strict liability in the art. 3 of the AIGT, the compulsory liability insurance in the art. 5 of the AIGT, and the obligation of the automobile insurer in the art. 726-2 of the Commercial Code. Secondly, the concept of operating the automobile needs to be discussed according to the types of risks caused, the subject causing such risks, and the action causing such risks respectively. This paper concludes that the automobile operator’s strict liability in the art. 3 of the AIGT should take precedence in deciding the concept of operating the automobile other than the compulsory liability insurance in the art. 5 of the AIGT, and the obligation of the automobile insurer in the art. 726-2 of the Commercial Code, that the concept of operating the automobile should be interpreted as the action of using or managing parts or the whole of the automobile’s own devices for technical or traffic accidents to occur regardless of the purpose of the use or management.