자율주행자동차 사고에 따른 보험적용에 관한 연구

The big improvement of Autonomous Driving Vehicle development and commercialization would be expected due to availability of test driving when satisfying the required driving conditions and safety. The Automobile Management Act to allow the operation of Autonomous Driving Vehicle was announced on August 11, 2015. According to the Article 2, Section 1 of the same Act, Autonomous Driving Vehicle is provided that the Autonomous Driving Vehicle recognizes the surrounding geographic feature of roads, controls vehicle automatically through self understanding of traffic condition, and runs to fixed destination by itself without driver or passenger intervention. The commercialization of Autonomous Driving Vehicle is regarded as a watershed moment in the Post-human era that AI and robot science are becoming a part of human life. Relating with operation of Autonomous Driving Vehicle, liability for car accidents by Autonomous Driving Vehicle is the biggest problem in diverse aspects. A car accident could cause damage to the life, body, or property of driver and others and criminal charges and civil liability are mainly major issue. In addition, administrative order punishment, Responsibility of Government Compensation, or insurance coverage could occur as a problem. Decreasing actual car accident rate through technology development might be expected which is the main purpose of Autonomous Driving Vehicle. However, it is also possible that thefaultormalfunctionofmechanicalequipmentandsoftware program(Autonomous Driving Vehicle program) in the Autonomous Driving Vehicle could cause car accidents. Moreover, it might be difficult to create absolutely perfect and flawless mechanical equipment and software program for the present. In case of Autonomous Driving Vehicle operation, the same liability might be a problem in respect of Autonomous Driving Vehicle related car accidents occurrence. However, this article had examined only insurance related part. The study of that how human damage could be compensated caused while running of Autonomous Driving Vehicle would be conducted in this regard. Currently, the technology of Autonomous Driving Vehicle is developing to aim at complete self-driving. However, insurance coverage for Autonomous Driving Vehicle which will be commercialized in 2020 needs discreet approaches because the Autonomous Driving Vehicle in 2020 contains manual transfer function to use when unexpected situation happens and the car is Autonomous Driving Vehicle. The application of current Automobile Accident Compensation Security Law could be different depending on its driving mode(self or manual driving). When a driver drives a car by manual driving mode and causes a car accident, existing legal principles and precedents might be applied. However, when a car accident occurs under self-driving mode, an interpreting method to secure objectivity applied the concept of driver’s responsibility to redeem driver’s benefit and driving control suggested for driver recognition is needed. It also is closely related with recognition of others of Autonomous Driving Vehicle owner. Moreover, it is necessary to deny definition of others by accepting driving responsibility of one joint driver and the other joint driver should recognize a definition of others to be protected by the Automobile Accident Compensation Security Law as a victim when car accident occurs. In case of Autonomous Driving Vehicle, manufacturing defects and design defect causes accidents and applying method of Product Liability Law is issued. When car accident occurs while running self-driving mode, it is difficult to hold a driver who does not drive accountable for the accident completely. It is possible to a vacuum of helping victim by reducing driver’s liability for damages. It is needed to introduce No-Fault insurance as social insurance to minimize the vacuum and moderate exemplary damages. Recently, sudden unintended acceleration is at issue but it remains customer’s burden of proof. As related precedents suggest, it has something in common that self-driving car is operated by electronic control system or computer system. Therefore, the mandatory join method of product-liability insurance and punitive damage would be considered the victim’s relief of responsibility for proof, specially in the aspect of victim protection. To be applied it to the insurance smoothly, in-depth and continuous studies would be needed.