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A Study on the Prohibitive Provisions of Seize or Assignment in Act on Guarantee of Compensation for Loss Caused by Automobile

Seongwan Kim 1

1손해보험협회

Accredited

ABSTRACT

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.

Citation status

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