人身損害에 대한 無過失補償과 自動車保險 ― 뉴질랜드制度의 評價를 中心으로 ―

Abstract

No-fault Compensation for Personal Injury and Auto Insurance The most comprehensive pure no-fault compensation system in the world is that in New Zealand. The Accident Compensation Corporation, a government corporation, collects premiums from a variety of sources and provides benefits, without regard to fault, to all persons injured in motor vehicle accidents, workplace accidents, and home accidents in New Zealand. The Accident Compensation Act provided that no claim for damages may be brought in New Zealand for personal injury or death resulting from an accident suffered in New Zealand. Any such claim at common law, or under any other statute, was abolished, except that a New Zealander could sue for damages in a foreign court if he or she was accidentally injured outside the country and was an insured under these Acts. No such claim could be brought in New Zealand courts. These System guaranteed a accident victim substantial benefits without regard to fault, in exchange for being unable to sue a tortfeasor for damages. Certainly, the accident compensation system has had its own problems, but it tends to be judged a clear success. The system can show us a good model for preparing a better compensation scheme. In this paper, I have argued that a person who is injured in a motor vehicle accident can receive compensation, under the no-fault system, for loss of faculty (bodily function), health care costs, and so on.