보험자대위에 관한 법적 쟁점

Abstract

In this study, the problem of determining the scope of the third party in the ‘insurance contract for others’ in relation to subrogation by the insurer was reviewed, and changes in precedents regarding the ‘scope of damage caused by subrogation by the insurer’ were reviewed. First of all, it was argued that the current position of the court, which classifies the policyholder as a third party in an insurance contract for another person and bears the responsibility for damage, needs improvement. In other words, it is necessary to determine the target of protection according to the characteristics of the transaction relationship to the extent that compulsory matters such as the prohibition of overlapping benefits and the prohibition of excessive profits of non-life insurance are not deviated. Policy improvement or improvement in terms of legal interpretation is required. Next, it was noted that the practice of insurer subrogation is changing in the direction of protecting the insured. In other words, if the insured’s claim for damages and the insurer’s subrogation right compete, the position of the difference theory is taken, and if the insured is at fault, the scope of damages should be calculated by deducting insurance benefits from the amount of damages and then calculating the scope of damages. attitude was confirmed. Based on this, From the viewpoint of the protection of the insured, we must focus on how to establish the legal principle of subrogation of the insurer to achieve the effect of a reasonable division of responsibility. In addition, the balance of interests of the insurer, the insured, and the third party must be reasonably adjusted and operated.