책임보험에서 제3자의 직접청구권
Third Parties’ the Direct Right of Action in a Liability Insurance Contract
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Liability insurance is being expanded into many fields and is the area which is growing most rapidly in the field of Insurance Law. Liability insurance aims on compensating against loss of the insured, when insured acquire compensation duty against third person which was caused by an accident during insurance period. Liability insurance usually incorporates with tort, therefore liability insurance sets its basis on tort law. Furthermore,tort law focuses on fair division of loss, and as for its functions, there are transfer,distribution, prevention, restriction and protection of rights against loss. Tort law settles on conflict of how much and who will be responsible for damages, and liability insurance supplements tort law by solving problems of offender who has no capacity of reparation. Commercial Law which adopts liability insurance recognizes direct right of action of the victim towards insurer and insurer cannot pay insurance benefit to the insurer unless the victim is compensated. As shown above, liability insurance system contributes on decreasing the social cost, and fair distribution of loss and risk not only between the victim and offender but also as a society. Victim's direct right to claim system contributes on development of liability insurance. However it seems like legislative preparation is not enough to prevent large scale loss which might occur in the near future. In other words, Korea's risk degree of corporate's liability was not as severe as United States'. Thus the system of direct right to claim seemed to be enough but now we experience a need to invent new system to prevent for large scale loss which cannot be covered only with liability insurance. We need to discuss on this system in case of large scale loss occurs.
Abstract
Liability insurance is being expanded into many fields and is the area which is growing most rapidly in the field of Insurance Law. Liability insurance aims on compensating against loss of the insured, when insured acquire compensation duty against third person which was caused by an accident during insurance period. Liability insurance usually incorporates with tort, therefore liability insurance sets its basis on tort law. Furthermore,tort law focuses on fair division of loss, and as for its functions, there are transfer,distribution, prevention, restriction and protection of rights against loss. Tort law settles on conflict of how much and who will be responsible for damages, and liability insurance supplements tort law by solving problems of offender who has no capacity of reparation. Commercial Law which adopts liability insurance recognizes direct right of action of the victim towards insurer and insurer cannot pay insurance benefit to the insurer unless the victim is compensated. As shown above, liability insurance system contributes on decreasing the social cost, and fair distribution of loss and risk not only between the victim and offender but also as a society. Victim's direct right to claim system contributes on development of liability insurance. However it seems like legislative preparation is not enough to prevent large scale loss which might occur in the near future. In other words, Korea's risk degree of corporate's liability was not as severe as United States'. Thus the system of direct right to claim seemed to be enough but now we experience a need to invent new system to prevent for large scale loss which cannot be covered only with liability insurance. We need to discuss on this system in case of large scale loss occurs.
참고문헌 (36)
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