무보험자동차에 의한 상해보험특약과 중복보험

Uninsured motorist insurance, which is now included in almost automobile insurance policies, is a hybrid coverage. It is a first-party accident insurance, which means that insurance benefits are paid by insurance company to the persons who are identified as insureds in the policy terms. It is a fault-based insurance because the coverage for these insureds only applies when they are legally entitled to recover damages from an uninsured motorist or a hit-and-run driver. This coverage was developed by the insurance industry in response to pressures for reform of the automobile accident reparations system. In the mid-1950s American insurers began offering uninsured motorist insurance as an option that a purchaser could add to an automobile insurance policy. American States subsequently enacted legislation either requiring that it be included in every automobile liability insurance policy(mandatory coverage statutes) or requiring that the coverage be offered to every policyholder(mandatory offering statutes). In Korea uninsured motorist insurance clauses are included in the automobile standard insurance terms. In recent year(2006.11.10.) Korean Supreme Court ruled that uninsured motorist insurance is a non-life type accident insurance. The Court say, as uninsured motorist insurance is a non-life type insurance, so the Article 672 of Korean Commercial Code(KCC) shall be applied to the uninsured motorist insurance. Korean Commercial Code classifies into two groups. One is a non-life insurance, the other is a personal insurance. Personal insurance includes life-insurance and accident insurance. The Insurer of a contract of a life insurance shall be bound to pay the insured amount agreed on if the insured events occur in respect of the life of the insured. The insurer of a contract of non-life insurance is liable for indemnifying the insured for the loss against his property caused by the occurrence of the insured events. The insurer of a contract of accident insurance shall be liable for the payment of the insured amount and other benefits if the insured event causing the injury of the occurs. Accident insurance has special characters than other insurance. Its object of insured events is a insured person. The object of life insurance is also a insured person. But the object of non-life insurance is property. So the object of accident insurance and life insurance is same. The insurance payment of life insurance and accident insurance the insured amount agreed on, but the insurance payment of non-life insurane is indemnification of the loss against insured’s property. In some cases accident insurance indemnifies the loss against insured’s damages. It is disputed if uninsured motorist insurance has life insurance character or non-life insurance character. If that has life insurane character, then Article 672(Double insurance) of KCC shall not be applied to the terms of uninsured motorist insurance. If that has no non-life insurance character, the Article 672 shall be applied to the terms of uninsured motorist insurance. Korean Supreme Court acknowledges that uninsured motorist insurance has non-life insurance character. So the court acknowledge that The Article 672 of KCC. I don’t agree with the Supreme Court’s reasoning of its decision. What is important is not whether accident insurance is a life insurance type or a non-life insurance type. What is the most important is whether the insurance payment is the amount agreed on or the indemnification of loss. That will be decided by the nature of the payment.