고속도로의 설치 관리의 하자와 책임- 「로드킬」사고 과연 누구의 책임인가 ? -

Abstract

A expressway is built for high-speed traveling. So it is natural that the safe expressway driving should be required on the expressway. However, there are some causes that keep people from driving safely on the expressway. Those causes can be classified into two categories. One main cause is from the expressway itself. The other one is from external factors. One of the external factors is a roadkill caused by wildlife which unexpectedly run into the car. If the accident happens because of the external risk factors of the expressway, the road management bureau, which is charged in the management of expressway, has a responsibility for the accident. The extent of the external risk factors only covers the road management bureau not preparing steps against the risk factors and not maintaining the expressway properly. The courts in Korea have denied the expressway management bureau’s responsibility of the accident on the expressway, mentioning the possibility of foresight, the possibility of avoidance, and the relation with other necessary facilities for lives as factors of limitation on this responsibility. In this paper, I’ll suggest some reasons why the road management bureau should be responsible for the roadkill accident, referencing criteria for judgment on the roadkill accident in courts of Korea. I’ll also suggest that the coverage of Facilibility Liability Insurance of Japan has to be enlarged to the roadkill accident.