상해보험에 관한 입법론적 검토

This paper tries to study legislative problems related to the Personal Accident Insurance(PA Insurance). It also contains the discussion of legal structure of the PA Insurance and whether a lot of PA Insurances are double insurance or not. According to the coverage in PA policy, the insurer indemnify the personal accident damages. They contain damages for death, injury resulting from accidents and damages for medical treatment. Thus PA Insurance is composed of the usual fixed amount Insurace and loss-compensating PA Insurance. Despite of this fact, Korean Commercial Code applies the articles on the life Insurance mutatis mutandis to PA insurance. It is criticized that the current commercial law regulations on the PA insurance do not clearly regulate lots of problems of the PA insurance contract. This is due to the fact that the Commercial Code does not regulate the PA insurance independently and comply with the life insurance regulations. In order to overcome many of these interpretational problems, I believe that the Articles of commercial Code on PA insurance should be revised. In terms of legal structure, damages such as accidental death, accidental injury damages, damages for medical treatment are clearly distinguished. However, in the discussion regarding PA insurance, the term PA insurance is used both as a comprehensive accident insurance contract and also as a meaning of accident insurance(non–life insurance). By the way, since commercial code provides comprehensive coverage of injury insurance contracts, mainly involving life insurance, many confusions are caused. Therefore, I think that many problems can be solved if we apply life insurance rule to damages such as accidental death, accidental injury damage and apply the non-life insurance rule to damages for medical treatment and apply it to the sickness insurance. These legislative restructuring of PA insurance can be one of the solutions to many analytical problems related to PA insurance and I hope that it will reduce the possibility of disputes about PA insurance in the future.