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학술논문경영법률2012.01 발행

자동차보험약관에서의 가족의 범위에 대한 판례의 검토

A Study on the Korean Supreme Court Cases regarding the Family Drivers on the Motor Vehicle Insurance Policy

최세련(명지대학교)

22권 2호, 255~285쪽

초록

The aim of this paper is to study the Korean Supreme Court cases regarding the family drivers on the motor vehicle insurance policy. The Court decided that de facto Spouse and stepmother of the insured are included the family drivers on the motor vehicle insurance policy. Moreover, even though de facto marriage is bigamy, in some cases, the Court rendered that bigamous de facto Spouse is also included the family drivers. On the other hand, the Court upheld that de facto Spouse of parents of the insured is not the family drivers. However, it appears that de facto Spouse of parents of the insured also should be included the family drivers, if they live together with the insured and the insured's parent, and thus if they may drive the insured motor vehicle. In 2010, motor vehicle insurance policy revised that stepmother and stepfather of the insured were included the family drivers. Further, it would be desirable that de facto Spouse of parents of the insured also should be included the family drivers on the policy. In this regard, the author suggest the amendment of the motor vehicle insurance policy in order to expand the scope of the family drivers.

Abstract

The aim of this paper is to study the Korean Supreme Court cases regarding the family drivers on the motor vehicle insurance policy. The Court decided that de facto Spouse and stepmother of the insured are included the family drivers on the motor vehicle insurance policy. Moreover, even though de facto marriage is bigamy, in some cases, the Court rendered that bigamous de facto Spouse is also included the family drivers. On the other hand, the Court upheld that de facto Spouse of parents of the insured is not the family drivers. However, it appears that de facto Spouse of parents of the insured also should be included the family drivers, if they live together with the insured and the insured's parent, and thus if they may drive the insured motor vehicle. In 2010, motor vehicle insurance policy revised that stepmother and stepfather of the insured were included the family drivers. Further, it would be desirable that de facto Spouse of parents of the insured also should be included the family drivers on the policy. In this regard, the author suggest the amendment of the motor vehicle insurance policy in order to expand the scope of the family drivers.

발행기관:
한국경영법률학회
분류:
법학

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자동차보험약관에서의 가족의 범위에 대한 판례의 검토 | 경영법률 2012 | AskLaw | 애스크로 AI