무보험자동차상해보험의 중복보험성과 의무보험화에 관한 연구 ― 미국 무보험자동차운전자담보(UMC) 보험을 중심으로 ―

Uninsured motorist insurance of Korea is quite different from uninsured motorist coverage of U.S.A.(UMC) even though uninsured motorist insurance of korea was adopted from UMC. Major difference of uninsured motorist insurance and UMC is range of cover that is to say uninsured motorist insurance only guarantees excess loss of liability insurance but UMC covers loss including liability insurance. Also uninsured motorist insurance is an optional insurance the other side UMC is necessary to insure liability to many state in U.S.A. Therefore, this paper suggested that affirmative examination of legislation for uninsured motorist insurance like UMC or adoption of ‘no pay no play’ system of U.S.A. is necessary to protect the insured from uninsured motorist having insufficient coverage. The purpose of insurance status is same on both sides even though uninsured motorist insurance and UMC is different insurance system. In addition, this paper examined application of ‘uninsured motorist insurance’ and ‘double insurance’ because the dispute about indemnification lasted endlessly. In addition, this article is intended to suggest that amendment of Commercial Law of Korea is necessary to apply double insurance. Uninsured motorist insurance must be applied to double insurance not only the insured amount exceed insurance value but the insured amount exceed the amount of damages when insurance event was occurred from uninsured motorist.