물류를 위한 육상운송보험에서의 손해방지비용부담과 면책통지에 관한 연구 -독일에서의 논의와 비교를 중심으로-

In modern economic society, distribution is very important. The consumerwants quick transportation and delivery. For the fulfillment of this needstransport should perform its role. But in the process of transportation there areseveral risks. To cover these risks we need insurance. Transport insurance isnon-life insurance that covers the loss arising from transportation. In Koreancommercial code there are only 5 paragraphs for the transport insurance. Incomparison to Korean law German insurance contract law(VVG) has detailedregulations for the transport insurance. § 680 Korean commercial code says thatthe insurer should pay all the costs arising from the fulfillment of the duty ofdamage prevention. But § 141 German insurance contract law allows that theinsurer can do notice of immunity after one week from the occurrence of accident. Then the insurer can avoid the burden of additional costs of loss prevention. Weshould accept such a regulation. This is also from § 663 Korean commercial codenot prohibited. § 663 allows exception for company-insurance contractors. Whenwe think about the importance of the distribution, transport system and thetransport insurance are also of great essence. We should establish very rationalsystems of physical distribution. For the risk cover, we should habe the detailedregulations for the transport insurance. We can by the way consider foreign lawsystem. Especially the German insurance law that is recognized internationallycan give us great suggestions. The insurance contractors in transport insuranceare almost big companies. Therefore it is justified that the insurer can noticeimmunity after one or two weeks from the accident occurrence. We should habesuch a regulation in Korean commercial code.