병행급부에 있어서 손해배상의 합리화 방안

The coexistence of social insurance and civil liability claims in the same incident is generally referred to as concurrent benefits. However, in such a case, double compensation for the same case can be too advantageous to the victims, or may cause problems such as unfair exemption of the perpetrator by exclusion of one of the compensations. This appears to be a matter of coordination between social insurance and civil liability as long as social insurance has the purpose of compensating for damages. There is much controversy on the priority issue between comparative negligence and deduction, whether it is reasonable to offset the negligence of both parties first and deduct social insurance benefit, or to deduct social insurance benefit first and offset the negligence, especially if the victim's negligence contributed to the damages. In the meantime, we have come to the conclusion with abstract concepts such as the principle of equity, the relief for victims, and the general principle of damages, without concrete and objective examination of the matter. For example, the theory that the consideration for comparative negligence should precede deduction insists on providing social security through social insurance and reaches to favorable conclusions for the victim. Conversely, the theory that deduction should precede the consideration for comparative negligence emphasizes compensating damages and leads to unfavorable decisions for the victim. However, more objective and specific analysis is needed on how to adjust insurance benefits and damages in concurrent benefits rather than relying on these abstract concepts. In this paper, we will consider the matter of concurrent benefits in respect to comparative negligence of the victim and the reasonable adjustment of social insurance benefits. In particular, we will try to transcend the conventional method which has been dependent on abstract concepts, and reach the conclusion of sharing damages consistently and reasonably through illustrating specific cases. Based on this method, this paper will try to classify each case and prove what is the fair and coherent way to determine comparative negligence with regard to social insurance.