피해자 직접청구권과 피보험자 보험금청구권과의 관계 － 상법 제724조 제1항 해석에 관한 판례 법리의 비판 －

Abstract

Liability insurance premiums and the costs of liability have increased as a share of our national income. In these situations, a question can be raised whether some kinds of risks can come under insurable risk in liability insurance contract in a viewpoint of insurable interest. To answer this question, we need to enunciate the relationship between tort law and liability insurance. My focus has been to examine the effect that liability insurance has on the tort goals of achieving corrective justice, compensation or loss spreading as a free-standing goal of the tort system, and protecting third party. In this article I focus, the Korean Commercial Code §724 ①, third Party’s Claim against Insurer. In its original form, liability insurance was an agreement by an insurer to indemnify an insured against loss arising as a consequence of an insured’s tort liability to a third person. Thus, even though a tort judgment had been rendered against the insured, as a pratical matter the victim might be unable to realize anything from the insured’s insurance company. In this situation, the Korean Commercial Code §724 ① stipulates that a third party may claim against an insurer. This Code was set for the protection of victims. However, the Korean Supreme Court holds if the policy does not exist the victim’s right against the insurer, the insurer may pay the sum inured to insured without victim’s satisfaction. This article criticizes the construction of the Court.