@article{ART002143943},
author={Seongwan Kim },
title={A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile},
journal={Journal of Insurance and Finance},
issn={2384-3209},
year={2016},
volume={27},
number={3},
pages={45-80},
doi={10.23842/jif.2016.27.3.002}
TY - JOUR
AU - Seongwan Kim
TI - A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile
JO - Journal of Insurance and Finance
PY - 2016
VL - 27
IS - 3
PB - Korea Insurance Research Institute
SP - 45
EP - 80
SN - 2384-3209
AB - To protect victims of automobile accident, there are several rights of claim in Act on Guarantee of Compensation for Loss Caused by Automobile. First of all, the direct right of action in liability insurance was established by Commercial Law(Article 724) and Act on Guarantee of Compensation for Loss Caused by Automobile(Article 10). Second, the temporary payments right of action was established by Act on Guarantee of Compensation for Loss Caused by Automobile(Article 11).
Finally, government compensation right of action to make compensation for victims from car accident by hit-and-run or uninsured driver was established under the Article 30 in the Act on Guarantee of Compensation for Loss Caused by Automobile.
Furthermore, the Act on Guarantee of Compensation for Loss Caused by Automobile guarantees the claims of the victims in the institutional regulations cannot be seized or assigned with respect to the above three rights. However, there are several disputes related with prohibitive provisions of seize or assignment; for example, it needs to be applied to limited liability insurance, be included the insurance payments to victims and be applied the assignment of the deed of the insurer guarantee to pay directly to the medical institutions for the proper care of the victims.
Therefore, this article looked through the direct right of action, the temporary payments right of action and the government compensation right of action, and then this paper put forward my opinions and suggested improvements about the point in dispute related with prohibitive provisions of seize or assignment regulated in the Act on Guarantee of Compensation for Loss Caused by Automobile. The Act provisions prohibiting the seizure and assignment with respect to the above rights prescribed in Article 40 will have to be applied by the interests of victims and in applying these provisions will also be no bias in the equity of the victims.
KW - liability insurance;prohibitive provision of assignment;prohibitive provisions of seize;the Act on guarantee of compensation for loss caused by automobile;the direct right of action;the government compensation right of action;the temporary payments right of action
DO - 10.23842/jif.2016.27.3.002
ER -
Seongwan Kim . (2016). A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile. Journal of Insurance and Finance, 27(3), 45-80.
Seongwan Kim . 2016, "A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile", Journal of Insurance and Finance, vol.27, no.3 pp.45-80. Available from: doi:10.23842/jif.2016.27.3.002
Seongwan Kim "A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile" Journal of Insurance and Finance 27.3 pp.45-80 (2016) : 45.
Seongwan Kim . A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile. 2016; 27(3), 45-80. Available from: doi:10.23842/jif.2016.27.3.002
Seongwan Kim . "A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile" Journal of Insurance and Finance 27, no.3 (2016) : 45-80.doi: 10.23842/jif.2016.27.3.002
Seongwan Kim . A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile. Journal of Insurance and Finance, 27(3), 45-80. doi: 10.23842/jif.2016.27.3.002
Seongwan Kim . A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile. Journal of Insurance and Finance. 2016; 27(3) 45-80. doi: 10.23842/jif.2016.27.3.002
Seongwan Kim . A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile. 2016; 27(3), 45-80. Available from: doi:10.23842/jif.2016.27.3.002
Seongwan Kim . "A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile" Journal of Insurance and Finance 27, no.3 (2016) : 45-80.doi: 10.23842/jif.2016.27.3.002
