자동차손해배상 보장사업 법제의 법정책적 고찰
A Legal-Politics Study on the Guarantee of Automobile Accident Compensation Business
정규(공주대학교)
10권 3호, 1243~1261쪽
초록
This paper is designed to estimate and to interpret the Guarantee of Automobile Accident Compensation Act deals with the Articles of the Guarantee of Automobile Accident Compensation Business. this paper work is progressed to focus on the Articles 30-39 of the Guarantee of Automobile Accident Compensation Act. On general principle under the private legal system, the right of an individual injured in an automobile accident to be compensated by another person for injuries resulting from such an accident has primarily been predicated on an attribution of fault, in accordance with the principle that the economic cost of injuries to persons or property attributable to the fault of someone should be borne by the negligent party or a person responsible for the party's conduct. But when an injurer is financially irresponsible, innocent accident victim is not assured indemnification. For this instance, the Guarantee of Automobile Accident Compensation Business is stipulated in the Guarantee of Automobile Accident Compensation Act. In this paper, I suggest that, for the benefit of victim in the automobile accident, the coverage of the article 30.(1).1 and 2. should be widely and flexibly interpreted. And also I suggest to expansion the unsatisfied judgment funds.
Abstract
This paper is designed to estimate and to interpret the Guarantee of Automobile Accident Compensation Act deals with the Articles of the Guarantee of Automobile Accident Compensation Business. this paper work is progressed to focus on the Articles 30-39 of the Guarantee of Automobile Accident Compensation Act. On general principle under the private legal system, the right of an individual injured in an automobile accident to be compensated by another person for injuries resulting from such an accident has primarily been predicated on an attribution of fault, in accordance with the principle that the economic cost of injuries to persons or property attributable to the fault of someone should be borne by the negligent party or a person responsible for the party's conduct. But when an injurer is financially irresponsible, innocent accident victim is not assured indemnification. For this instance, the Guarantee of Automobile Accident Compensation Business is stipulated in the Guarantee of Automobile Accident Compensation Act. In this paper, I suggest that, for the benefit of victim in the automobile accident, the coverage of the article 30.(1).1 and 2. should be widely and flexibly interpreted. And also I suggest to expansion the unsatisfied judgment funds.
- 발행기관:
- 한국법정책학회
- 분류:
- 법학