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@article{ART001604233},
author={조규성},
title={A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2011},
number={53},
pages={469-494}

TY - JOUR
AU - 조규성
TI - A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance
JO - DONG-A LAW REVIEW
PY - 2011
VL - null
IS - 53
PB - The Institute for Legal Studies Dong-A University
SP - 469
EP - 494
SN - 1225-3405
AB - Disputes about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of prescription in automobile insurance compensation affairs are often. ‘Acknowledgement of liability’ is one of the reasons for interruption of prescription. Also Civil Law article 766 (1) statute of short-term prescription(within three years commencing from the date on which the injured party or his agent by law becomes aware of such damage and of the identity of the person who caused it). Also in order to make an acknowledgement, having the effect of interrupting prescription, no capacity or authority for disposition in respect of the rights of the other party is required. This final judgement was considered that the insurer's medical fee guarantee to hospital is not interruption of prescription. The reason is that according to ‘Act on Guarantee of Compensation for Loss caused by Automobile’ Article 12(Claim and Payment of Medical Fee Covered by Automobile Insurance) Article 12, (1) When an insurance company, etc. becomes aware of the occurrence of an automobile accident through a claim for loss by either a subscriber, etc. or a victim of an automobile accident under the provisions of the latter part of Article 10 (1), or by other reasons, the insurance company, etc. shall, without delay, notify the medical institution treating the victim of whether or not the insurance company, etc. has intention to pay the medical fee covered by automobile insurance and of the limit of such payment. (5) In the case where the medical institution can claim the payment for medical fee covered by automobile insurance to the insurance company, etc. under the provisions of section (2), it shall not make claims on the victim of the automobile accident (including his/her guardian) to pay such medical fee , to pay the medical fee is because creating a new legal relationship, that is to say the new relationship liability between insurance companies and hospitals should see the relationship is finalized. Therefore, the insurance company paid to the hospital for treatment, that is placed his liability, but is not approved for liability of the victims. So I oppose to the final judgement because this judgement is unjust verdict from the perspective of legal personality of the insurer's medical treatment guarantee and misunderstood legal principles about the parties of ‘Acknowledgement of liability’. I believe that my interpretation is reasonable.
KW - the Extinctive prescription;the Acknowledgement of liability;Indemnity;Automobile accident;the medical fee guarantee;Automobile insurance
DO -
UR -
ER -

조규성. (2011). A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance. DONG-A LAW REVIEW, 53, 469-494.

조규성. 2011, "A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance", DONG-A LAW REVIEW, no.53, pp.469-494.

조규성 "A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance" DONG-A LAW REVIEW 53 pp.469-494 (2011) : 469.

조규성. A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance. 2011; 53 : 469-494.

조규성. "A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance" DONG-A LAW REVIEW no.53(2011) : 469-494.

조규성. A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance. DONG-A LAW REVIEW, 53, 469-494.

조규성. A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance. DONG-A LAW REVIEW. 2011; 53 469-494.

조규성. A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance. 2011; 53 : 469-494.

조규성. "A Case study about whether or not the insurer's medical fee guarantee to hospital has an effect on the progression and interruption of the extinctive prescription in automobile insurance" DONG-A LAW REVIEW no.53(2011) : 469-494.