자동차관리법상 중고차 성능ㆍ상태점검 책임보험 제도에 대한 입법평가

Today we live in an era where we cannot imagine life without cars. As automobiles become an important tool in everyday life, safe management of automobiles is important. The “Automobile Management Act” is a law aimed at promoting public welfare by efficiently managing automobiles and securing the performance and safety of automobiles by prescribing matters concerning the registration, safety standards, self-authentication, correction of manufacturing defects, inspection, maintenance, inspection, and automobile management business of automobiles. Not only the new car market but also the used car market is active. In the case of new cars, the guarantee system is well established, but in the case of used cars, there could be a dispute if the actual condition of the vehicle differs from the performance and condition check record issued when the used car was sold. Information asymmetry among buyers, performance inspectors, and sellers, and differences in perceptions of responsibility between sellers and performance inspectors may lead to disputes. To solve these problems, it is the liability insurance system for performance and condition inspection of used cars under the Automobile Management Act. Used car performance and condition inspection liability insurance is an insurance that compensates used car buyers when damage occurs due to the difference in performance and condition inspection records issued when used cars are sold. According to Article 58-4 of the Automobile Management Act and the Enforcement Decree of the same Act, performance inspectors are obligated to subscribe to liability insurance, and performance inspectors are obligated to subscribe to insurance that is responsible for the items specified by the Ministry of Land, Infrastructure and Transport for the vehicles they inspected. Some revisions to the Automobile Management Act, including the liability insurance system for performance and condition inspection of used cars, have been implemented since April 25, 2018 (Act No. 14950, partially revised on October 24, 2017), and a legislative evaluation is needed to check the current status of the system under legislation and check the current law so that the purchase and use of used cars can continue and stably develop into an important system. Therefore, the purpose of this study is to evaluate the legislative system, normative appropriateness, and legislative effectiveness of the used car performance and condition inspection liability insurance system under the Automobile Management Act, and to present the results of legislative evaluation on the direction of legal norms that can supplement the current law.