자동차대여업자의 운행자성

• 영문명: Civil Liability for Traffic Accident of Rental Business Operator
• 발행기관: 충북대학교 법학연구소
• 저자명: 김유식
• 간행물 정보: 『법학연구』第34卷 第2號, 243~264쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.12.31

영문 초록

The contents related to the operator's responsibility under the Automobile Accident Compensation Security Law are virtually the same from the time it was enacted as Law No. 1314 on April 4, 1963. Under these circumstances, the Supreme Court has no choice but to continue its attempts to embody abstract concepts as it extends the concept of existing operating profit and control to ideological concepts. Even if it is understood that it is in line with the legislative purpose of the Automobile Accident Compensation Security Law, it is questionable how long the Supreme Court's interpretation can keep pace with changes in society through technological development. In this judgment, it was questionable whether the vehicle rental company could recognize the driver's personality in the event of an accident due to the tenant's violation, even though the vehicle rental company had restrictions and exemption regulations on the operator of the vehicle as the content of the contract with the tenant. The Supreme Court judges the driver's management of car based on the concept of existing operating profit and operating control (two-way theory), but as the concept of existing operating profit and operating control is abstract, the conclusions of the lower court and the Supreme Court were different. In the end, if the abstract concept of existing operating profit and operation control leads to individual case judgments, there is a risk of reaching unreasonable conclusions in form, and there is a risk of differences in drawing conclusions according to the subjectivity of judges depending on individual cases. If so, it would be more purposeful to interpret the provisions of Article 3 of the Automobile Accident Compensation Security Law to judge the driver's personality based on the subjective sense of responsibility of the party based on an objectified third party.

목차

Ⅰ. 사안의 개요와 대상판결의 요지

Ⅱ. 대상판례 연구

Ⅲ. 결론

키워드

운행자책임 운행책임의식 자동차 대여업자 운행이익 운행지배 Civil Liability for Traffic Accident Rental Company Operator Operation Profit Operation Control