친족에 대한 고의의 자동차사고에 있어서 보험자구상의 한계와 피해자보호에 관한 연구 - 자동차보험 대인배상Ⅰ을 중심으로 -
A Study on the Limits of right of reimbursement and protection of a victim in the intentional accident of family
이병석(경남대학교)
22권 4호, 447~467쪽
초록
In case of the intentional automobile accident, there would be two problems. One problems is if the insurer can get a legal right to ask the victim for a right of reimbursement . So, when the property of the insured who caused the car accident is not enough to afford to pay for the amount of reimbursement the insurer claims, the government has to force insurers to insure for contract of automobile liability insurance in order to compensate their loss. Based on this, this study suggests the need of legal measures and possible proposals for the ideas. The other problem is how to protect a beneficiary, especially juvenile and dependent, when the insurer claims the right of reimbursement due to the intentional accident of family. Expert for the intention of suicide, there is little possibility that the insured who caused the car accident make an intentional car accident taking a risk of making themselves a criminal and the change or perfect crime is pretty low in reality. So, based on this idea, this study suggests political measures to protect a victim`s beneficiary who is juvenile and dependent.
Abstract
In case of the intentional automobile accident, there would be two problems. One problems is if the insurer can get a legal right to ask the victim for a right of reimbursement . So, when the property of the insured who caused the car accident is not enough to afford to pay for the amount of reimbursement the insurer claims, the government has to force insurers to insure for contract of automobile liability insurance in order to compensate their loss. Based on this, this study suggests the need of legal measures and possible proposals for the ideas. The other problem is how to protect a beneficiary, especially juvenile and dependent, when the insurer claims the right of reimbursement due to the intentional accident of family. Expert for the intention of suicide, there is little possibility that the insured who caused the car accident make an intentional car accident taking a risk of making themselves a criminal and the change or perfect crime is pretty low in reality. So, based on this idea, this study suggests political measures to protect a victim`s beneficiary who is juvenile and dependent.
- 발행기관:
- 한국기업법학회
- 분류:
- 법학