초록 일부
Given that the number of registered automobiles in Korea reached 18,437373 as of the end of 2011, the “era of 20 million cars” seems not far away. In fact, the number of automobiles in Korea has soare...
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초록 전체
Given that the number of registered automobiles in Korea reached 18,437373 as of the end of 2011, the “era of 20 million cars” seems not far away. In fact, the number of automobiles in Korea has soared since it hit the bar of 10 million in February, 1997. Accordingly, the number of car accidents has also increased, entailing collateral damages. And the cases of dispute between insurance companies and parties to car accidents over the liability for negligence have also increased because how to allocate the faults between the parties to an accident has significant impact on the insurance and damage amounts. The major reason for such dispute between the insurer and the insured over the degree of fault is that there is no clear legal basis to apply when allocating the liability for negligence among concerned parties, so the court, the police and insurance companies use different standards. As a result, disputes between victims and offenders continuously occur over the fault levels, and even the insurer and the insured often fail to reach a settlement and go to litigation.
The purpose of this study is to examine the problems about determining the level of liability for negligence in car accidents and suggest concrete measures for improvement from legal, systemic and administrative perspectives and in the end to contribute to reducing disputes related to car accidents. The parties to a car accident are divided into an offender and a victim. Though the accident inflicts physical and psychological damages on both parties, the victim’s claim for damages caused by an unlawful act of the offender is usually deemed more important in car accidents. Of course, the offender can raise a partial defense, saying that the victim was also partially at fault for the accident under the comparative negligence system. Nevertheless, a car accident case is surely in favor of the victim’s side in Korea, consequently raising the importance of allocating the liability for negligence between parties.
Against this backdrop, the primary purpose of this study is to suggest a legal basis and improvement measures for liability allocation by examining practical cases in car accidents and to increase predictability of the results for concerned parties by establishing clear calculation criteria. Secondly, the study aims to urge structural change in damage assessment through consistent standard application and swift processing of car accidents and minimize social disputes caused by the accidents by strengthening the rights of damage adjusters and vitalizing the Indemnity Dispute Resolution Board at General Insurance Association of Korea. In the study, the author particularly focuses on identifying problems of the methods determining the level of negligence and proposing measures for improvement. It is expected that this study will contribute to preventing unnecessary costs that may occur in the process of dispute settlement and have to be borne by parties to the accident.
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