교통사고 후 트라우마와 자살시 상해보험금 지급 여부 -독일의 면책사유와 비교를 중심으로-

Injury insurance plays a useful role in meeting the economic demand due to various accidents and enabling the insured to recover. The area of dispute in injury insurance is whether there is a causal relationship between injury and accident. Suicide by intent is in the casualty insurance for immunity reasons. However, even in that case, suicide is not covered by insurance if mental illness can not make free decisions. It is also questionable whether the terms of a separate immunity to mental illness or mental illness are valid. The insured was traumatized by a traffic accident. Then he accidentally committed suicide due to depression and died. In general, however, there is no trauma in the event of a traffic accident. In this case, however, the insured suffered a trauma from traffic accidents and depression. It can be said that the degree is so severe that almost free decision making is impossible. And if you are suffering from mental illness, mental or physical loss, you can be excused by that part. The Supreme Court is in the position that the terms for which the mental illness is separately excused are valid. Compared to the German law of accident insurance, psychopathy, consciousness disorder, and seizure are exempt from the law. In view of all these circumstances, in the case of a traffic accident in the normal case, seeking recovery while working in good faith. In special cases, however, it can be accompanied by trauma or depression. Therefore, it is possible to connect the result of death with the traffic accident if the cause of depression and the suicide as a result of medical accidents can be proved. If it is not so, and if the causal relationship is denied, it should be decided whether or not the suicide is committed in the state of loss of mind and body, whether the mental illness or loss of mind or body is the reason for the exemption. In other words, traffic accidents, depression and suicide should be treated as injuries if they are proven by comparable medical evidence. If it is not recognized, it should be determined whether the degree of depression has reached the level of mental and physical loss. At that time, the insurer’s terms and conditions should be taken into consideration as to whether or not the reasons for mental illness, loss of mind and body are excused. It is the position of the Supreme Court justice that it is valid to have the mental illness as an excuse for the accident insurance. It is necessary to study the adequacy of accident insurance to fulfill the insurance accident requirement and the provision of the evidence.