航空賠償責任保險에 관한 고찰 - 현행 배상책임보험의 문제점과 입법미비에 따른 문제점을 중심으로 -

• 영문명: A Study on Aviation Reparation Liability Insurance
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박길준(Kil-Jun Park) 송승헌(Seung-Heon Song)
• 간행물 정보: 『비교사법』비교사법 제11권 4호(하), 291~329쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.12.02

영문 초록

“Aviation Insurance" is an indispensable one in today's society, so it is very important to enact related regulations immediately. Korea is not only now ranked the 10th largest air transportation nation but also is a permanent member of the International Civil Aviation Organization(ICAO), so we need to introduce standard rules for international transportation into Korea from advanced aerial countries as soon as possible. As follows, I'd like to suggest three remedies regarding issued problems concerned with Aviation Insurance. First, despite increasing need for aviation insurance, Korea is using the same clauses of aviation insurance as London's insurance companies'. In addition, as Korea can't help applying solely to the clauses of aviation insurance or contract between contracting parties', we are badly required to enact regulations dealing directly with aviation insurance contracts. Therefore, we need to prevent possible legal implications by enforcing aviation private law to regulate aviation insurance's matters in order to clarify aviation insurance relations. To do this, we should initially organize universally used aviation insurances' general clauses and evaluate thoroughly other aviation markets' current trends, other advanced countries' regulations, judicial precedents, and practical affairs cases concerning aviation insurance. When it comes to its legislation, even though it is quite reasonable to accept insurance provisions of the existing commercial law to maintain the universality and unity, as aviation insurance has something different from ground and maritime insurances, first of all, it is necessary to enact a law to regulate directly contract relations of aviation insurance including air carriers' and aircraft operator's civil liabilities. Therefore, as we consider it necessary to make an alternative plan to enact clauses on aviation insurance matters referred to as "The Law on Aircraft Operators' Civil Liability", and to add some compulsory clauses that require the air carriers to get their passengers insured to secure air operators' civil liability. In addition, air carriers must be insured to cover a third party's damages besides the passengers' damages, and no aircraft not be insured in liability insurance should be allowed to operator the aircraft into own country. Second, though air carriers are pursuing diversification of risks through liability insurance, as air carriers are insured with a low limited amount, the victims aren't usually satisfied with such low compensation standards. In order to relief victims promptly, lately the legislative trends regarding air carriers' liabilities are turning into unlimited liability and strict liability, airline carriers should be insure unlimited amount for damages in accordance with the principles of strict liability and unlimited liability. The increase in insurance premiums resulting from the changes could be a burden to passengers. Consequently, as a sharp increase in the insurance contracts between airliners and foreign insurance companies in order not to impose a heavy burden to the passengers, it is required a legal regime to regulate the consequences. Third, in Korea the travelers should effect an insurance by visiting an insurance company or the travel agency, whereas in other countries travelers are insured through a vending machine or on the Internet in person, which is more convenient. For example, in New York Airport travelers have only to insert 7 dollars into a vending machine and fill out a form with contents of "In case of death, give the benefit to ___", which will be retrieved by the insurance company later. Korea has yet to develop this kind of automated insurance purchasing system. Travelers' insurance can be generalized through this kind of automated insurance purchasing system.

목차

Ⅰ. 序說

Ⅱ. 航空保險의 一般

Ⅲ. 航空賠償責任保險의 考察

Ⅳ. 航空賠償責任 및 保險에 관한 國際條約

Ⅴ. 航空賠償責任保險에 관한 각국 立法現況

Ⅵ. 結論

參考文獻

ABSTRACT