신체사고에서의 정기금 배상

Abstract

This thesis aims at suggesting some measures to revitalize the periodical compensation by analyzing several judicial precedents and comparative inquiry into it. First of all, in Korea, the lump-sum compensation method is common, whereas the Civil Procedure Act amended in 2002 newly rules about the petition for modification of judgment ordering periodical payments. Although, the courts judge sometimes sentence ordering periodical payments in some cases which have trouble in assessment of damages, even though the injured party wants lump-sum compensation. Accordingly, in cases when the injured party deceased or demands for consolation money, courts do not order the periodical payments. And in the cases of the human vegetable resulting from an accident, courts can order the periodical payments regarding medical treatment fees, nursing fees that should be paid in the future regardless of the demand for lump-sum payments. The reason is that it is too difficult to estimate the duration period of sequelae and the level of reduction in his(or her) lifespan. In addition, in those cases, the courts tend to order lump-sum payments in possible taking measures to devide the injured party's lifespan into the time of living ensured in medical and not. And that, the courts orders the lump-sum payments for the former periods, and the periodic payments for the other periods. We call that the mixed method. Through the comparative inquiry into periodical payments, we know that the following. The United State of America and Canada which have so-called 'the legal system of Anglo-American law' and have the lump-sum payments in the damages compensation system in general have expanded the use of the periodical payments. They use the Structured Settlements or Structured Judgements by Legislative Reform in some restricted ranges. And They use the method of defendants' purchase of a life insurance annuity policy to enforce on the performance duty by the defendants. Then, This thesis shall reexamine various points raised from all viewpoints as follows : the merits and demerits of periodical payments, the quality of it, the relationship between principle of pleading or disposition and the judgement ordering periodical payments, any possible changes of subject matters after the decision of periodical payment amounts and any other viewpoints. Through them, we can be taught about the issue of the lacks of enforceability on the performance of duty by the breaching party which is regarded as the reason why the application of the periodical payments method has been very limited by using the insurance system. Adding to this, the fund for compensations, the special organization to which the defendants shall pay for compensation not to the injured parties and which shall pay to the injured parties with periodical payments and the trust system might be used. Finally, This thesis shall suggest several measures to revitalize the periodical compensation method. Among them, special regard will be paid to the human vagetables so that all categories of their damages(cost of care, lost earning capacity, non-pecuniary damages, etc.) shall be compensated for the periodical payments. And, the positive roles of the courts and the concerned insurance companies to apply the periodical payments method to the cases that the defendants are the government or insurance companies which do not lack of enforceability on the performance of duty.