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A Study on Measures to Strengthen the Automobile Insurance Dispute Resolution System in Preparation for the Autonomous Driving Era - Focusing on the Quasi-Judicial Functions of the Civil Resolution Tribunal (CRT) in British Columbia, Canada -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(4), pp.187~226
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 8, 2025
  • Accepted : November 26, 2025
  • Published : November 30, 2025

Kim, Young-kook 1

1자동차손해배상진흥원 정책연구센터 센터장

Accredited

ABSTRACT

This study focused on the new challenges that the rapid advancement of autonomous vehicle technology poses to the existing automobile insurance system. In particular, the concern that the complexity of liability in the event of an autonomous driving accident could delay victim compensation has led to a re-evaluation of the no-fault insurance system, which compensates victims quickly regardless of fault. However, despite the no-fault insurance system's strength in expediting compensation, this study expresses deep concern that its simple introduction in Korea could undermine the ‘adequate protection’ of victims and generate new social costs. To investigate this, the theoretical background and main types of no-fault insurance were analyzed. Through the experience of its introduction in the United States, significant limitations such as unexpected side effects and increased premiums were identified. The U.S. case demonstrates that the introduction of a pure no-fault insurance system harbors the shadow of an unpredictable increase in social costs. Furthermore, it is highlighted that Korea's “Automobile Compensation Guarantee Act” system already performs quasi-no-fault functions, including the principle of no-fault liability for operators, mandatory insurance, and victims' direct claim rights. Considering these unique characteristics of the domestic system, this study emphasizes that the simple introduction of no-fault insurance in Korea has little practical benefit, coupled with negative overseas experiences, and presents conflict points with the existing legal framework (e.g., loss of direct claim rights, infringement of the right to trial). Moreover, the study analyzed the case of British Columbia (B.C.), Canada, which fully adopted a no-fault insurance system through its ‘Enhanced Care’ scheme in 2021. The analysis of Civil Resolution Tribunal (CRT) decisions in B.C. revealed that while the introduction of no-fault insurance contributed to swift compensation and premium stabilization, it exposed clear limitations and problems in effectively indemnifying victims, especially regarding non-pecuniary damages and long-term care. While the CRT played a role in mediating the impact of these systemic limitations on individual victims, it showed that despite the advantage of reduced legal disputes from not attributing fault, new types of disputes regarding the 'appropriateness of compensation' have arisen. Based on the analysis results, significant implications for the domestic automobile insurance system were derived. This study asserts that prior to introducing no-fault insurance, an analysis and formulation of countermeasures for the problems, such as the reduction in victim compensation scope observed in the Canadian B.C. case, must be conducted. Ultimately, rather than a simple domestic introduction of no-fault insurance, it is proposed that strengthening the current dispute resolution system, actively highlighting the strengths of the Automobile Claims Compensation Board's Public Compensation Dispute Mediation Subcommittee's expertise, and ensuring organic linkage with the Damage Compensation Medical Review Committee to establish a consumer-oriented dispute resolution system is an effective alternative to simultaneously secure both 'expediency' and 'adequacy' of victim protection in the era of autonomous driving. This approach will contribute to advancing the overall dispute resolution system of domestic automobile insurance, reducing unnecessary social costs, and protecting the rights and interests of victims.

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