고속도로의 설치 관리의 하자와 책임

• 영문명: Liability for Damage Caused by Defects in construction or management of expressway -Who has the responsibility of the Roadkill accident?-
• 발행기관: 원광대학교 법학연구소
• 저자명: 김성원(Kim Sung Won)
• 간행물 정보: 『원광법학』제30권 제4호, 7~26쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

A expressway is built for high-speed traveling. So it is natural that the safe expressway driving should be required on the expressway. However, there are some causes that keep people from driving safely on the expressway. Those causes can be classified into two categories. One main cause is from the expressway itself. The other one is from external factors. One of the external factors is a roadkill caused by wildlife which unexpectedly run into the car. If the accident happens because of the external risk factors of the expressway, the road management bureau, which is charged in the management of expressway, has a responsibility for the accident. The extent of the external risk factors only covers the road management bureau not preparing steps against the risk factors and not maintaining the expressway properly. The courts in Korea have denied the expressway management bureau's responsibility of the accident on the expressway, mentioning the possibility of foresight, the possibility of avoidance, and the relation with other necessary facilities for lives as factors of limitation on this responsibility. In this paper, I'll suggest some reasons why the road management bureau should be responsible for the roadkill accident, referencing criteria for judgment on the roadkill accident in courts of Korea. I'll also suggest that the coverage of Facilibility Liability Insurance of Japan has to be enlarged to the roadkill accident.

목차

Ⅰ. 들어가며

Ⅱ. 고속도로의 설치관리의 하자

Ⅲ. 판례에 대한 검토 및 평가

Ⅳ. 맺는말

참고문헌

키워드

고속도로 설치관리의 하자 야생동물 피해자구제 도로배상책임보험 Expressway Defects in construction or management Wildlife The relief of the victim Facilibility Liability Insurance