2019년 자동차보험 분야 판례 회고

Abstract

This article analyzes and studies trends in the Supreme Court’s case in the automobile insurance sector, which was sentenced by the Supreme Court in 2019. A summary of each ruling is as follows. First, the auto insurance terms and conditions relating to the loss of motor vehicle prices do not set the limit of the insurer’s liability, but are only the standard for payment of insurance premiums. Therefore, the court will not be bound by the payment criteria set out in the terms and conditions section when determining the amount of damage an insurance company is required to compensate. According to the automobile insurance policy, even if the car is not subject to compensation for a fall in the market price, the court ruling may recognize the fall in the market price. Second, the terms and conditions of an official vehicle exemption from a comprehensive insurance contract for business shall apply only if the state or local governments do not bear the liability for damages under the proviso to Article 2 (1) of the National Compensation Act because the victims of the military, etc. may be compensated under other statutes. Third, when calculating the loss income of the victim, if he/she has reflected the previous symptom, the cost of treatment (both in the past and in the future) should be reflected when calculating the cost of treatment (for the amount of damage) and should not simply be considered as a reason for limiting liability. Fourth, when calculating post-retirement loss income of an orthopedic surgeon, rather than simply based on statistical income, reasonable and probable expected income should be calculated based on the income of a physician or practitioner qualified as an orthopedic surgeon. Fifth, even if the dispute settlement decision of the committee for review of disputes over the ratio of negligence is confirmed, it cannot be regarded as a sub-submission agreement, however, the effectiveness of the committee’s decision is the same as that contract of a compromise under civil law. Judgment itself is a method and instrument of legal interpretation and examination of disputes. Through these studies, I would like to provide future academic and insurance practitioners with an opportunity to consider and understand the trends in precedents in the automobile insurance sector and their problems. Furthermore, I hope that it will serve as a foundation for more in-depth research.