자동차손해배상보장법상의 운행 개념의 제문제

The discussion on the concept of operation described in Article 2, Paragraph 2 of Automobile Liability Security Law may be developed from various perspectives. But ultimately it may lead to the issue on the scope of the operation. In this paper, the judgments on the scope of the devices of a car, the consistency in the judgment and the operation of the parking car which are the problems related to this have been reviewed for the ground of recognition of the operation using the prior cases. As for the scope of the devices, as the separated parts or supplies are not attached to the car, they do not belong to the devices unless they are attached to the car. They can be said the additional parts only when they are attached to the car. Then, as for the consistency of the judgment, the operation means the use of the devices of the car according to the specified purpose. Therefore, the purpose of using the devices of the car does not fall on the element for determination. Accordingly, though the use of the devices of the car is for sleep, it can be considered as operation as long as the devices is used according to the specified methods. Finally, as the parking car cannot be said to use the devices, it is hard to assume that the parking of the car itself is the operation of the devices. So, to get the trust on the justification of the judgment, the evidence and ground shall be suggested if the parking falls on the operation.