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자동차손해배상보장법상의 운행의 개념에 관한 연구 : A Study on the Concept of Operating the Automobile in the Automobile Indemnity Guarantee Act
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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.3, pp. 213-240
- Keywords
- 자동차손해배상보장법 ; 자동차운행자 ; 자동차강제책임보험 ; 자동차의 위험 ; the Automobile Indemnity Guarantee Act ; the operator of the automobile ; operating the automobile ; the compulsory automobile Liability insurance
- Abstract
- The concept of operating the automobile prescribed by the Automobile Indemnity
Guarantee Act(AIGT), which is related with the ambit of protecting the automobile
victim, is controversial in its interpretation among academics and lawyers. This
paper seeks to make a critical and analytical approach about this significant issue
as follows. Firstly, it is necessary to elucidate the reason why the concept of
operating the automobile is stipulated in the AIGT. This task could be successfully
done by determining which should take prior consideration in deciding the concept
of operating the automobile among the strict liability in the art. 3 of the AIGT,
the compulsory liability insurance in the art. 5 of the AIGT, and the obligation of
the automobile insurer in the art. 726-2 of the Commercial Code. Secondly, the
concept of operating the automobile needs to be discussed according to the types
of risks caused, the subject causing such risks, and the action causing such risks
respectively. This paper concludes that the automobile operators strict liability in
the art. 3 of the AIGT should take precedence in deciding the concept of operating
the automobile other than the compulsory liability insurance in the art. 5 of the
AIGT, and the obligation of the automobile insurer in the art. 726-2 of the
Commercial Code, that the concept of operating the automobile should be
interpreted as the action of using or managing parts or the whole of the
automobiles own devices for technical or traffic accidents to occur regardless of
the purpose of the use or management.
- ISSN
- 1598-222X
- Language
- Korean
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