손해보상제도에 관한 새로운 접근과 무과실보험 - 자동차사고를 중심으로 -

초록

While civil law is strongly tied to the concept of "fault," the tort system and liability insurance, in some countries it has also been recognized to be considerably ideal mechanisms for providing injured persons with the compensation that they need without regard to fault of blame. For example, as the number of automobiles in use multiplied, and the costs of automobile accidents did likewise, some of the countries adopt a system of no-fault compensation for accident victims. The basic concept of no-fault insurance is the payment of certain benefits for losses resulting from automobile accidents without regard to tort liability. Thus, there shall be no tort liability with regard to loss suffered by any person entitled to receive benefits, The purpose of no-fault insurance is to ensure that insurance companies provide immediate minimal benefits for injured in automobile accidents in order to equitably and effectively handle the greater bulk of personal injury claims arising out of automobile accidents. In this paper, my focus has been to enunciate the nature of no-fault insurance and to examine its effect in Korea. My deliberate conclusion is that in a broader context, the no-fault insurance could work with a wide variety of liability insurance mechanisms. The most comprehensive pure no-fault compensation system in the world is that in New Zealand. The Accident Compensation Corporation, a government corporation, collects premiums from a variety of sources and provides benefits, without regard to fault, to all persons injured in motor vehicle accidents, workplace accidents, and home accidents in New Zealand. In this paper, I have argued that a person who is injured in an accident can receive compensation, under the no-fault system, for loss of faculty (bodily function), health care costs, and so on. No-fault means a system which consists of (1) a right to personal injury benefits without regard to fault after an automobile accident; (2) a form of automobile insurance that provides such benefits for insureds and (3) a law or practice that minimizes the cost of automobile insurance by prohibiting some or all tort lawsuits.

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