자동차보험 한정운전 특별약관상 대물배상 부담보(不擔保)에 따른 문제점에 관한 연구 - 의무보험을 중심으로 -

By the revised Guarantee of Automobile Accident Compensation Act (No. 6969), it became obligatory to buy property insurance in order to guarantee compensation for property damage on the victims of automobile accidents. However, if one buys automobile insurance with the special clause on restricted driving, which discounts the premium in return for restriction on the drivers’ age and scope, the insurance does not cover the property damage of an automobile accident caused by a driver who does not fall within the age and scope specified in the special clause even within the required insurance amount, different from personal indemnity I. This deviates far from the original purpose of the obligation of property insurance to protect victims, and thus it needs to be reconsidered at this point of time. Although the Guarantee of Automobile Accident Compensation Act was amended, the special clause on restricted driving, which is taken by most of insurance contractors, has been used as it is without amendment because it has many problems as it has been at issue. Thus, the present study analyzed these problems based on theoretical grounds, and proposed solutions for the problems. The suggested solutions are that the contents of the special clause on restricted driving need to include, in addition to personal indemnity I, the provision that the special clause shall not be applied within the insurance amount of the compulsory property insurance in order to protect victims, and that the premium of facultative property insurance should be set higher than the current level in proportion to the increase of the limit of compensation in order to increase insurance contractors’ burden of insurance premium.