첨단 자동차 교통 시스템에서의 사고에 대한 법적 책임 = Legal Liability of Car Accidents under Intelligent Transport System

다국어 초록 (Multilingual Abstract)

In developed countries, technical breakthroughs have brought transportation systems to cutting-edge along with the development of Intelligent Transport System (ITS). ITS refers to a new transportation system in order to solve various problems of transportation such as car accidents or traffic congestion by building networks among individuals, roads and vehicles with the aid of high-tech Information Technology. Korea has recently started SMART highway project as a major state project and the project is expected to change the current transportation system within the next few years. The expected changes due to the introduction of ITS which controls the operation of automobile may bring some issues on the current legal approach where only car driver is liable for an accident. That is, car accident under ITS intervention is likely to impose legal liability on the manufacturer and manager of ITS as well as civil and criminal liability on driver. This paper investigated driver`s damage liability and criminal liability, product liability of ITS manufacturer, and state compensation responsibility of ITS manager with specific cases according to the two types of ITS, Information/Warning systems and Intervention system. In addition, it analyzed the limit and problems of current liability system, which imposes strict liability on driver, and suggested some alternative solutions.

참고문헌 (Reference)

1 원윤재, "지능형 자동차 시스템 및 동향 분석" 15 (15): 2008

2 최동식, "제조물책임법상 결함 개념과 개발위험의 항변" 한양법학회 14 : 2003

3 이상정, "제조물책임법과 개발위험의 항변" 법학연구소 19 (19): 93-106, 2007

4 권오승, "제조물책임법" 법문사 2003

5 한기정, "자동차손해배상보장법상의 운행의 개념에 관한 연구" 법학연구소 49 (49): 213-240, 2008

6 이보환, "자동차사고손해배상소송" 34-, 1990

7 민유숙, "자동차 급발진사고와 제조물책임(2004. 3. 12. 선고 2003다16771 판결: 공2004상, 611)" 법원도서관 (49) : 2004

8 김남현, "안전운전의무위반사고의 형사책임에 관한 연구" 경찰대학 (6) : 213-243, 2004

9 황관식, "사고율 제로에 도전한다-충돌방지기술"

10 곽윤직, "민법주해 제19권 채권(12)" 박영사 2005

11 강현호, "국가배상법제 5조의 하자의 의미" 법학연구소 16 (16): 309-332, 2004

12 박미숙, "교통사고처리특례법의 문제점과 개선방향" 한국형사정책연구원 15 (15): 229-266, 2004

13 이인재, "공작물책임에 있어서의 하자" 1993

14 山下友信, "高度道路交通システム(ITS)と法" 有斐閣 2005

15 Benjamin K. Olson, "The Transportation Equity Act for the 21st Century; the Failure of Metropolitan Planning Organizations to Reform Federal Transportation Policy in Metropolitan Areas" 28 : 147-, 2000

16 RESPONSE, "The Integrated Approach of User, System, and Legal Perspective: Final Report on Recommendation for Testing and Market Introduction of ADAS"

17 W. Vogt, "Fahrerassistenzsysteme: Neue Technik - Neue Rechtsfragen" NZV 155-, 2003

18 Patrick Kelly, "European product liabilities, 2nd ed" Butterworths 1997

19 "Communication from the Commission - Action plan for the deployment of Intelligent Transport Systems in Europe"