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> 한국금융법학회 > 금융법연구 > 13권 1호

자율주행자동차 운행에 대비한 책임법제와 책임보험제도의 정비필요성: 소프트웨어의 흠결, 설계상 흠결 문제를 중심으로

Autonomous Vehicle Accidents: Who is Liable? and Who is to Pay Insurance Bill?

이중기 ( Choong Kee Lee ) , 황창근 ( Chang Geun Hwang )

- 발행기관 : 한국금융법학회

- 발행년도 : 2016

- 간행물 : 금융법연구, 13권 1호

- 페이지 : pp.93-121 ( 총 29 페이지 )


학술발표대회집, 워크숍 자료집 중 1,2 페이지 논문은 ‘요약’만 제공되는 경우가 있으니,

구매 전에 간행물명, 페이지 수 확인 부탁 드립니다.

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논문제목
초록(외국어)
Autonomous vehicles that drive themselves are becoming a reality and have the potential to drastically change many aspects of transportation, particularly safety. But, when autonomous cars eventually crash, it is unclear whether the current liability and insurance regimes for automobile accidents are well-suited to tackle the issues "Who is liable?", and "Who is to pay insurance bill?". The current Korean liability system for automobile accidents is heavily based upon the concept of "a car operator" who controls and benefits from the operation of his car, and auto liability insurance regime has well developed to cover this operator liability, because 90% of car accidents are due to the negligence of such operators. On the other hand, current product liability regime pays the least attention to cars, and insurance for auto makers to cover their product liability is not available yet, because only 1% of car accidents is due to defects in cars, However, once autonomous vehicles come into use, it is expected that there will be a shift in liability from operators to makers. Firstly, the potential liability for car operators will dramatically decrease, because autonomous driving technology is very likely to reduce the number of injuries and fatalities caused by automobile accidents, On the other hand, the probable liability for car manufacturers would sharply increase because in autonomous vehicles most accidents would be due to defects in technology or equipments applied in autonomous cars. But, after close examination of the current liability and insurance regimes for auto accidents, we can find that it is still unclear whether there comes a shift in liability. Firstly, unless relevant provisions are to be amended, strict liability regime for a car operator may still subject owners of autonomous vehicles to the strict liability. Secondly, product liability regime, in particular, the regime for manufacturing and design defects is ill-suited to address the unique issues raised by autonomous vehicles. Typical example is the low possibility of product liability for a defect in software that will define the sequence of the operation in a autonomous vehicle. It is argued here that the legal system must adopt new policies that will advance the interests of car makers and potential plaintiffs alike. In particular, in order to allocate reasonable and fair liability upon manufacturers of autonomous vehicles, the manufacturers should be able to accurately gauge their liability costs. To accomplish such a shift and fair allocation in liability, both regimes for auto liability and auto insurance should be amended at the same time.

논문정보
  • - 주제 : 사회과학분야 > 법학
  • - 발행기관 : 한국금융법학회
  • - 간행물 : 금융법연구, 13권 1호
  • - 발행년도 : 2016
  • - 페이지 : pp.93-121 ( 총 29 페이지 )
  • - UCI(KEPA) : I410-ECN-0102-2017-360-000120696
저널정보
  • - 주제 : 사회과학분야 > 법학
  • - 성격 : 학술지
  • - 간기 : 연3회
  • - 국내 등재 : KCI 등재
  • - 해외 등재 : -
  • - ISSN : 1738-3706
  • - 수록범위 : 2004–2020
  • - 수록 논문수 : 355