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Legal Issues as to Accidents and Coverage of Autonomous Driving Vehicle

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2015, 3(2), pp.247-280
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Youngkook Kim 1

1법조협회

ABSTRACT

Automobile Management Act which defines autonomous driving vehicle and permits its temporary driving has taken effect by August 11, 2015. As of such moment, test driving is possible, once certain requirements are met, to bring significant progress on development and commercialization of autonomous driving vehicle. Therefore, such considerations regarding the compensation caused by autonomous driving vehicle must be discussed. Even though technology for completely automated driving is under development for now, vehicles expected to be commercialized by 2020 are designed as partial auto driving system which allows drivers to manipulate the machine under unexpected situations; therefore, it should be approached carefully for analyzing insurance affairs. It looks inevitable to discriminate the application of the Automobile Accident Compensation Security Law between autonomous driving mode and manual driving mode. The accidents caused during manual driving mode can be treated as same fashion of current principle of law. However, for the accidents caused by automated driving system, the newer concept so-called “driving responsibility” should be adopted to supplement the current concepts of benefit of driving and control of driving and to secure objectivity of each case. This is also closely related as to whether the owner of autonomous driving vehicle can be treated as unrelated person. Moreover, in the case of autonomous vehicle, the application of Product Liability Act is another issue, since the accidents can be caused by manufacturer’s liability or designer’s fault. Lately the problem as to SUA (Sudden Unintended Acceleration) is the issue and related precedence is forming certain principle of law. According to such principle of law, whether to adopt compulsory product-liability insurance for such vehicles must be considered in the perspective of protecting injured party; due to the fact that autonomous driving vehicle is being operated by electronic device or computer system.

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