2019년 주요 보험법판례의 회고

초록

In accordance with the provisions of Article 2, Paragraph 1 of the National Compensation Act, victims, such as soldiers, who are compensated by other laws, cannot claim damages against the state or local governments. In this case, the general exclusion of liability under the Comprehensive Automobile General Insurance Contract prevents the insured from claiming compensation against the insurer when a nation or a local government is an assured. The provisions of compensation under the National Merit Act and the Military Pension Act correspond to the “regulations of other laws” set forth in the provision to Article 2, paragraph 1 of the National Compensation Act. However, the intent and application requirements of the Military Pension Act and the Civil Service Pension Act differ. Thus, it is difficult to apply the general exemption clause to the beneficiary in this case because he has received various benefits under the Civil Service Pension Act. The legal nature of direct claims granted to victims under Article 724 (2) of the Commercial Code is controversial. There is considerable doubt if the decision about this case is correct. Is insurable interest required for personal insurance? There are many opinions regarding this issue. In my opinion, if any person is going to be insured, there would be a fear of loss of certain benefits, even if it is not monetary. I think that it is desirable in our law to construct this as insured profit. The governing law(the British law) is the same. In addition, according to the special provisions of the accident insurance among these cases, it is difficult for the unborn child to be insured. However, as defendant B insisted, even the unborn child can be insured under the accident insurance by the terms and conditions or the individual agreement by the contract of the insurer and the policyholder. Certain insurance terms provides room for interpretation of the contents of the special terms as amended by the parties (private autonomy). In addition, there are some cases in which an insurance company relinquishes its subrogation, depending on the terms and conditions. The Supreme Court would like to interpret the coverage of the insurer's subrogation as narrowly as possible in this case. The Supreme Court's judgment may have any reasonable reasons, but it has some flaws. In particular, if special terms are set apart from the general terms, the application of the special terms shall prevail. If the special terms are excluded in this case, then the problem of the insured's double compensation (indemnity compensation and compensation of subrogation) arises. The disclaimer set forth in the Executive Liability Insurance Contract as a special term shall be strictly interpreted. Thus, in this case, the indemnity shall not be included in this disclaimer, which is the cost of the attorneys' fees paid for an officer who has been charged with violating the Capital Markets Act and later was found innocent. In the past, Misfire Liability Act set out exceptions to the negligence of general tort. In other words, in the case of a misfire due to light error, the right to claim damages of misfire victims had been completely denied. However, it was found to be inconsistent and ineffective by the Constitutional Court's decision. Accordingly, the current revised Misfire Liability Act is being applied. The light erroneous incendiary's liability release has been changed to only reduction of the responsibilities. In the case of a misfire, it is expected that the insurer's exercise of the right of subrogation (Article 682 of the Commercial Act) and the liability insurance system should be operated in accordance with the attitude of the revised Act. In the case of liability insurance or comprehensive automobile insurance, the insurer shall compensate for the extent to which the perpetrator damages the victim (human or property damage). However, if the victim's disease has worsened the situation, the calculation should be taken into account. The same rule applies to traffic accidents as in the case here.

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