자동차손해배상보장법의 '운행'과 상법 제726조의 2의 '자동차의 소유, 사용 또는 관리'의 개념에 관한 연구

An automobile insurance event is an accident arising out of the owns, uses or manages of the insured automobile. In the typical automobile liability policy issued in Korea, the insurer agrees to pay all sums which the insured shall become legally obligated to pay as damages because of bodily injury or destruction of property 'arising out of the ownership, maintenance or use of an insured vehicle'. The insurer of the automobile insurance contract shall be bound to indemnify for any loss caused by accidents which have occurred while the insured owns, uses or manages an automobile in Article 726-2 of Commercial Law. This is a study on the concept of 'operation' and 'owns, uses or manages' the same. Depending upon the interpretation the concept of 'operation' and 'owns, uses or manages' can be stretched in an insured or a suffer favor unlimited because the insured automobile is always under the owns, uses or manages of the insured during the period of insurance. The scope of the 'owns, uses or manage' is same that of 'operation' in Art. 2 2 of the Guarantee of Automobile Accident Compensation Act in Korea. And almost the same concept as the owns, uses or manages of automobile insurance policy. But the scope of those can not be extended unlimited. Arising out of is only important in interpreting the scope of the 'owns and manages' because the insured automobile is always under the owns or manages of the insured. And the 'uses' should not be extended beyond 'use of a vehicle as such'.