補償制度로서의 不法行爲와 責任保險 : 새로운 보상제도의 연구에 기초하며 = Tort Law and Liability Insurance as Compensation Systems

다국어 초록 (Multilingual Abstract)

To answer the question whether some kinds of risks can come under insurable risk in liability insurance contract in a viewpoint of insurable interest, we need to enunciate the relationship between tort law and liability insurance. My focus has been to examine the effect that liability insurance has on the tort goals of achieving corrective justice, appropriate deterrence, and compensation or loss spreading as a free-standing goal of the tort system. In a broader context, tort law works with a wide variety of liability insurance mechanisms. One cannot even begin to come to this big picture without thinking liability insurance mechanisms. Only by looking at the big picture can one evaluate what legitimate role, if any, tort law can play in compensating for loss.
In the next chapter, I studied no-fault insurance. The basic concept of no-fault insurance is the payment of certain benefits for losses resulting from automobile accidents without regard to tort liability. Thus, there shall be no tort liability with regard to loss suffered by any person entitled to receive benefits, The purpose of no-fault insurance is to ensure that insurance companies provide immediate minimal benefits for injured in automobile accidents in order to equitably and effectively handle the greater bulk of personal injury claims arising out of automobile accidents. In this paper, my focus has been to enunciate the nature of no-fault insurance and to examine its effect in Korea. My deliberate conclusion is that in a broader context, the no-fault insurance could work with a wide variety of liability insurance mechanisms. In the last chapter, pure no-fault system was introduced. The most comprehensive pure no-fault compensation system in the world is that in New Zealand. The Accident Compensation Corporation, a government corporation, collects premiums from a variety of sources and provides benefits, without regard to fault, to all persons injured in motor vehicle accidents, workplace accidents, and home accidents in New Zealand.

목차 (Table of Contents)

• Ⅰ. 들어가며
• Ⅱ. 責任保險과 不法行爲法
• 1. 論議의 必要性
• 2. 不法行爲法의 意義·機能과 責任保險
• 3. 불법행위법과 책임보험의 한계와 비판
• 4. 새로운 補償體系에 대한 硏究의 必要
• Ⅲ. 새로운 補償制度에 대한 硏究
• 1. 서언
• 2. 노폴트보험
• 3. 共同體責任原理의 導入과 不法行爲法理의 排除
• Ⅳ. 맺음말