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A Study concerning Analysis and Improvement of Conditions about Treatment-related Costs owing to the Injuries in Car Accident

  • DONG-A LAW REVIEW
  • 2015, (67), pp.301-330
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Cho, Gyu Seong 1

1협성대학교

Accredited

ABSTRACT

If the insurance company will pay the insurance money to the victim, in principle, he pays the amount calculated based on the terms and conditions(the former). According to this automobile insurance clause, even if the car accident victims have a lot of fault, the insurance company must pay medical fees of the injuries. However, if the insurance company receives the action, he pays the amount is specified for compensation by the final judgment the Court of the Republic of Korea(the latter). The dispute regarding the interpretation and application of the above ranking terms has occurred frequently in claim adjust affairs. The Supreme Court has ruled that the latter is the first to be applied if a lawsuit is filed. According to this Supreme Court decision, the injured doesn’t know the details of the agreement suffers an unforeseen damages. So I oppose to the final judgement. In addition, I propose a revision of the provisions in order to eliminate any dispute relating to the interpretation of terms and conditions.

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