형사합의금에 대한 채권양도계약과 실손전보의 원칙 = The Bond Transfer Agreement on the Criminal Settlement and the Principle of Actual Damage Compensation

다국어 초록 (Multilingual Abstract)

In the investigation process and the criminal justice process for the perpetrators of illegal acts, if the victim made an agreement of the content that they do not want the penalties for the perpetrator after receiving the settlement payment from the perpetrator, the problem is whether the criminal settlement is deducted from the damage compensation by the insurance company or is taken into account in determining the amount of the consolation money. In this regard, the court practice is not united since the court decides to take the criminal settlement into account in determining the amount of the consolation money and, on the contrary, the criminal settlement should not be taken into account in determining the consolation money, even though the criminal settlement is paid separately from damages or the insurance claims caused by criminal settlement payments to victim is transferred in the method of the bond transfer agreement. However, in these cases, taking the circumstance of paying criminal settlement into account in determining the consolation money is a problem in light of the legal principle and equity. This is because consolation money is belongs to one item of damages, and it is contrary to the intention of the parties in the front. The victim paid the damages from the insurance company in addition to payment from the perpetrator of the criminal settlement can not be seen as contrary to the principle of actual damage compensation. Because if the criminal settlement is paid separately from damages, this is because from the beginning regardless of the damages.