運轉代行서비스 利用 中 事故로인한 被害者 및 利用者保護에 관한 硏究

Abstract

1 cadillac of General Motors purchased by Kojong Emperor in 1903 became the first car in Korea. Car industry made rapid progress after that and reached to the extent that number of car possession is about 15.4 million cars and total number of premium is 8500 billion won in 2005. However, Korea society has faced with new service called proxy driving service, resulting in substantial risk, but has failed to effectively solve the problems from this new service. As more drinkers have recently used proxy driving service, issue of where the responsibility lies in terms of legal responsibility has rapidly grown. Fortunately, it may not cause big problem if the proxy driver is insured, but the issue of responsibility limit amount and the extra charge of premium still engendered a lot of controversy. Bigger problem occurs when the proxy driver drove without insurance and caused an accident. If the proxy driver agent affords to support, there will be no big problem. But it is general that most proxy driver has low limit amount even if he is insured, and even worse, most proxy drivers are not insured, causing big problem in this society. To relieve such problem, it is stipulated through recent revision of article to insure the accident against the object from the insurance of the client for the accident during the driving of proxy agent without insurance, resulting in making up for the weak points of the victim protection. However, it cannot avoid criticism that the essential problem of idea of insurance profit was seriously damaged, and revision of article ignored the side effects that might generate lots of illegal proxy drivers if such revision is supported by supplementation in terms of policy and institutions. In this regard, this thesis performed analytical examination on the problem of essential contents of liability insurance, responsibility of proxy driver during driving and inadequate law; and based on this, analyzed the contents of article recently revised. This study aimed to point out the problem of liability for reparation related to proxy driving and to present the improvement methods. In particular, this thesis carried out analytical study and comparative study in order to present the detailed alternative of improvement methods for liability compensation insurance of proxy driver that fits the Korean situation through legal and institutional analysis related to Japanese proxy driving that is similar to Korea in terms of law and social environment.