자율주행자동차와 관련된 책임법제와 보험제도에 대한 고찰

Abstract

Ministry of Land, Infrastructure and Transport(MOLIT) revised the “Act on Autonomous Vehicles Driving Safety Requirements and Trial Operations”on 31 March 2017, which there is a mandatory obligation to being applied of Automobile Compensation Guarantee Act and obtain Car insurance, aiming for the commercial use of 3rd stage autonomous vehicles in 2020. The 3rd stage autonomous vehicles could be regulated under the Automobile Compensation Guarantee Act, and further in accordance with its legislative purpose to protect victims. However, providing for the right of recourse against car manufacture, the autonomous driving program is necessary to be included in the definition of “products”, legal rules such as “relief of responsibility for proof” or “shift the burden of proof”shall be applied to the defects of products themselves, and the defect detection provision for accidents during autonomous driving have to be established, on Product Liability Act. It is also necessary to prepare procedures of recourse between the car insurance company and the car manufacturer, through amendments to the Automobile Compensation Guarantee Act or the Terms of Car Insurance. For the same reason, Car insurance is more appropriate and effective in compensating victims of autonomous vehicles accidents than Product liability insurance. However, it is necessary to revise the terms of Car insurance to compensate the driver as a third party or to claim full recourse against the manufacturer, for accidents during autonomous driving. It is also necessary for car manufacturers to compulsorily purchase Product liability insurance when they release autonomous vehicles.