대리운전업자의 운행자책임에 관한 고찰

Abstract

The frequency of substitute driving among the people are on the sharp rise as if to reflect people’s binge drinking culture, and in proportion to that kind of drinking culture, the traffic accident involving the substitute driving is also on the continuously rising trend. Similarly , there are a large number of uninsured substitute drivers involving in the traffic accidents. As a result, a large number of casualties and damages caused by the traffic accident occurred , thus resulting in continuously rising claim disputes. There is an important issue concerning the traffic accident occurred during substitute driving. It is to clearly define the responsibility holders and holdees in the legal liability at the time of traffic accident caused by substitute driver. For instance, one supreme court precedent says that client is just a fellow passenger without control and profit of the car operation, in case that the client is injured at the traffic accident occurred while the client is sharing a ride with substitute driver in a situation where the client signs substitute driving contract with substitute driving service company, lets the substitute driver drive his/her own car and then ride together with substitute driver. Another Supreme Court precedent says that the client is a vehicle operator in the context of Automobile Liability Compensation Law and, thus, is not covered as “ other person” because the vehicle operator does not fall into the scope of “ other person” stipulated in Article # 3 of Automobile Liability Compensation Law in relationship with the named insured ,in the case that the person is injured at the traffic accident occurred while he rents an insured car from the named insured ,let substitute driver drive the rented car and shares a ride with him(substitute driver). As shown in the above precedents, the former is clashing with the latter. In this research, I will review problems of Automobile Insurance Institution, along with the criticism of Supreme Court precedents, and then will try to find a solution on that. By doing so, the confusion and disputes associated with automobile liability claim surrounding the substitute driving can be avoided. Moreover, the overlapping scope & conflict of coverage between Substitute Driving Insurance and Automobile Insurance can be avoided, thus hopefully resulting in a rational improvement of Automobile Insurance Institution. In conclusion, I expect the Supreme Court Decision and Insurance Institution pertaining to the principal responsibility at the time of traffic accident by substitute driver , the currently problematic issue, to be revised or improved as soon as possible, as author claims in this research.