자동차손해배상보장법 제29조 제1항과 관련한 ‘법률상 손해배상책임이 있는 자’의 범위

• 영문명: Scope of ‘persons with legal liability for damages’ in relation to Article 29, Paragraph 1 of the Automobile Damage Compensation Security Act
• 발행기관: 충북대학교 법학연구소
• 저자명: 이정웅(Jung Woong Lee)
• 간행물 정보: 『법학연구』第36卷 第1號, 285~310쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.06.30

국문 초록

Article 29, Paragraph 1 of the Automobile Damage Compensation Act stipulates that insurance companies can exercise their right of subrogation. In other words, they can exercise their right of subrogation against those who are legally responsible for damages caused by drunk driving or unlicensed driving. Here, those who are legally responsible include those who drove drunk or unlicensed. In addition, if Article 29, Paragraph 1 is interpreted literally, it becomes the basis for insurance companies to exercise their right of subrogation against car owners who did not drive drunk or unlicensed. This is because Article 3 of the Automobile Damage Compensation Act stipulates that insurance companies can exercise their right of subrogation against car owners who did not drive drunk or unlicensed. However, it is unfair to exercise their right of subrogation against car owners who did not drive drunk or unlicensed. The Supreme Court ruled that insurance companies cannot exercise their right of subrogation against car owners who did not drive drunk or unlicensed. However, insurance companies are still exercising their right of subrogation against car owners who did not drive drunk or drive without a license, and are abusing their rights. Therefore, the Supreme Court should clarify the interpretation of Article 29, Paragraph 1. In addition, it is necessary to revise the law so that the right of subrogation cannot be exercised against car owners who did not drive drunk or drive without a license.

목차

Ⅰ. 머리말

Ⅱ. 자동차손해배상보장법 제29조 제1항과 관련한 구상 대상의 범위

Ⅲ. 상법상 제3자 대위권 조항과 충돌

Ⅳ. 결론

참고문헌

키워드

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