자율주행자동차 보험의 법적 과제

Abstract

According to various legislations on vehicle operation, a vehicle is ʻa moving object powered by a motor with two wheels.ʼ In addition to the traditional notion of vehicle,「Motor Vehicle Management Act」Article 2 states that a vehicle which can self-operate without any operation by a driver or passenger is an autonomous vehicle. Recently, as the autonomous vehicle is considered to be directly connected to the 4th Industrial Revolution, it is facing a new era. The purpose of the development of autonomous vehicle is vehicle operation without accidents. The overriding aim is thus safety. Nevertheless, in case of an accident caused by autonomous vehicle operation, the question of the principle party for liability is a continuous legal issue. A fully autonomous vehicle(Level 5) does not require the operation by a driver or a passenger so that the driver is not considered as the principal party for liability. However, concerning a conditional autonomous vehicle(Level 3), the operator or owner, the manufacturer of the autonomous driving system or autonomous vehicle, even the seller can become the principal party for liability. That the insurance system took liability sharing upon the conditional autonomous vehicle(Level 3) in case of vehicle operation accident will not change much. The only consideration is whether it will be the existing vehicle liability insurance or product liability insurance regarding it as a defect or deficiency of products or whether a third system will be required. In case an autonomous vehicle causes an accident to another party due to a defect of the autonomous vehicle itself, product liability insurance could be applied on account of product defect, but due to issues of the burden of proving product defect, this is not so favorable to the victim. The autonomous vehicle does not require a driver, but there is an operator in possession of operation benefit. Therefore, solving the problem by applying operatorˈs liability under the existing no-fault liability principle (or risk liability principle) seems to be the most appropriate method to protect victims. The suggested alternative is to adopt compulsory insurance employing the single motor insurance policy model which simultaneously protects the driver and the victim. In case of the fully autonomous vehicle (level 5), risk diversification through product liability insurance seems logically appropriate. However, liability sharing through insurance system is judged to be cost-ineffective, so that risk diversification of product liability in the form of government security business is recommended.