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The legal analysis on the concept of ‘operation ofthe car’and ‘causation between the accidents &operation of the car’under 「the Guarantee ofCompensation for Damages by Car Accident Act」

  • Journal of Insurance and Finance
  • 2003, 14(2), pp.47-74
  • Publisher : Korea Insurance Research Institute
  • Research Area : Social Science > Business Management

박세민 1

1충북대학교

Candidate

ABSTRACT

Under the Guarantee of Compensation for Damages by Car Accidents Act, it is a reasonable interpretation that the person who operates a car is responsible for the victim of the car accident only caused by the operation of the car, instead of all accidents during the operation of the car. Although it is true that so-called 'theory of in&out garage' provides the widest range of the protection for the victim, this theory might cause an unreasonable effect as regarding the question of the causation between the accidents and the operation of the car. The 'theory of indigenous(native) equipment', which is currently supported by the Korean Supreme Court, has been thought to be originated from the former Guarantee of Compensation for Damages by Car Accidents Act. Therefore, it seems to be somewhat persuasive that this theory should be replaced by the 'theory of in&out garage' under the current Guarantee of 'theory of in&out garage' Compensation for Damages by Car Accidents Act which stipulates the concept of the operation of the car with wider range of wordings and expressions. However, considering the potential possibility of almost unlimited expansion of the concept of the operation of the car and the hidden purpose of the enactment of the Guarantee of Compensation for Damages by Car Accidents Act, it is submitted that a lot of caution is needed in application of the 'theory of in&out garage' in practice. In conclusion, 'theory of indigenous(native) equipment', is still the most persuasive and effective theory even under the current Act. In addition, it is submitted that this theory would provide the reasonable standard to decide the question of the causation between the accidents and the operation of the car.

Citation status

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