Road traffic accident is a serious harm to social stability and public safety, health and social disasters, countries are actively taking measures to restrain traffic accidents, to eliminate traffic disaster.For example, from the macro national economic development planning on consideration of the automobile industry to its share of a reasonable proportion of normal development in the development of national economy; and environmental protection, public health, city of historical and cultural protection and social civilization and other aspects of comprehensive planning, public traffic passenger transport backbone role; development of bicycle transport (including the protection of bicycle the use of safety, construction of road bike etc.); the scientific design and construction of special vehicle road, improve road safety facilities; to develop and improve the road traffic regulations, according to the marking all kinds of road signs, marking and responsibly often repair and change according to the traffic conditions always be perfect.In addition to these active prevention "physical" measures, countries all attach great importance to the public awareness of traffic safety and traffic regulations, abide by the education movement, and through the establishment of tort liability system to strengthen the special motor vehicle (owners and managers) responsibility, in order to make the vehicles run by victims victims timely and appropriate remedies, and security for automotive business (including manufacturing and motor vehicle transportation etc.) normal development.
In both sides of Taiwan Straits and the world again, in order to solve the social problems caused by road traffic accident, set up related legal system.Since the policy of reform and opening up the mainland, cross-strait economic and trade and people to people contacts continue to increase, the legal aspects of academic exchanges are also increasing, the road for the protection of the compatriots on both sides of communication traffic, health, life safety, with reference to international common rules, improve the motor vehicle liability insurance legal system, integration cross-strait automobile liability the insurance is very necessary.Therefore, this paper expounds in legal liability insurance vehicle damage, basis of the study on the development trend of liability insurance of motor vehicle damage, to compare cross-strait vehicle damage liability insurance legal system, analysis of the liability insurance of motor vehicle damage, and its solutions, interpreted in line with international standards under the premise of cross-strait integration of compulsory automobile liability insurance measures, and may be necessary to the victim protection and the construction of rule of law in taiwan.
A motor vehicle damage compensation insurance, the nature and location
Motor vehicle damage compensation liability is a kind of strict liability and driving people imposed on motor vehicle.When the motor vehicle operation causes damage to others, whether the vehicle is negligence, should be liable for the.Such a special tort liability for damage caused by motor vehicle operation, the main purpose is to timely and properly remedy due to the use of motor vehicle injury victims.However, if such a principle and cannot guarantee the motor vehicle and other compensation ability, timely and properly remedy the victims can only be empty talk.Therefore, in order to make the vehicle always has at least compensation means in case of causing damages to others, all countries in the provisions of motor vehicle liability for damage at the same time, the establishment of the motor vehicle liability insurance system (China Taiwan called "compulsory automobile liability insurance", said the habit, "motor vehicle third party liability compulsory insurance" or "legal compulsory third party liability insurance").Vehicle damage liability insurance is the insurance compensation liability to the third party damage forced.The third party liability compulsory insurance, is a kind of economic measures countries for some special risk areas, aims to remedy possible victims, to avoid dangerous substances or hazardous activities caused by damage caused major social problems.Vehicle damage liability insurance is a social state in order to prevent the damage caused by motor vehicle operation remedies.And, in order to prevent the occurrence of escape and other responsible person can not receive compensation from insurance and relief situation, many countries have established a government bailout fund of traffic accident.
To sum up, the operation of a vehicle damage, the liability of compensation was not to the responsible person for the elements of negligence; the third party liability compulsory insurance for certain compensation means "security"; and in the case of very government security.These three constitute the law liability of motor vehicle damage relief victims, complete mechanism of inhibition of traffic disaster.One of the provisions of liability is the core mechanism of the motor vehicle liability for damage, the responsibility to achieve the vehicle damage insurance liability insurance (liability of financial guarantee) nature and responsibility, as long as this responsibility have been identified, the liability insurance to pay for damage to the victim.
Two, motor vehicle liability insurance characteristics
From the motor vehicle, vehicle damage liability insurance is facing the same for vehicle running their own pose a danger to others of the motor vehicle, fill this accidental foreseeable damage to a certain extent, and take economic measures.All involved in road traffic to run the motor way people should work together to deal with the risk, to join the liability insurance vehicle damage, to ensure that in the event of traffic accident on the victims timely appropriate relief.The derived relations with the motor vehicle liability, motor vehicle damage insurance liability show responsibility associated with some characteristics of motor vehicle damage compensation:
1 forced to join
On the autonomy of the insurer, insurance is compulsory insurance and voluntary insurance two.Insurance liability of motor vehicle damage, generally refers to as the motor vehicle damage compensation liability for damage such a special civil liability matching and the existence of insurance.Generally speaking the insurance liability of motor vehicle damage, refer to the insurance.For example, Japan called "self compensation insurance" or "self compensation by insurance", this means that the compulsory insurance.In order to make the motor vehicles are added to the insurance third party liability compulsory, generally by the law only provides proof of insurance in the country to motor vehicle driver's license, the vehicle can not join the insurance third party liability statutory shall not be driven on the road.The method is combined with the inspection, do not give the vehicle did not join the statutory third party liability insurance inspection, no road running.In some countries, such as Japan, also the law, violating the vehicle damage insurance liability for joining obligations will be less than 1 years or criminal detention 500000 yen penalty sanctions.At the same time, the insurance company may not be unfairly refused a motor vehicle liability insurance contract, violating the compulsory insurance company general manager or director will be fined 300000 yen fine (Japanese motor vehicle damage compensation law eighty-sixth).The use of these measures, the aim of seeking to motor vehicle one hundred percent to join the third party liability insurance make provision against a rainy day of unpredictable to the victim damage.
According to scholars study, compulsory, as early as in 1912, Norway carried out motor vehicle damage compensation liability insurance immediately, Denmark and Sweden (1917), New Zealand (1929), the UK (1930), Switzerland (1932) and Germany (1939) also realized the insurance system of the strong.After World War II, Luxemburg and Japan (1955), Belgium (1956), France (1959), Spain (1962), Holland (1963), Italy (established 1969, 1971 began to implement) and other countries also have the strong system of liability of motor vehicle damages.Now, almost all countries have established the system of liability insurance of motor vehicle damage compensation.
2, focus on the motor vehicle
Motor vehicle damage compensation liability is to keep people responsibility, rather than the drivers responsibility.Therefore, the vehicle damage insurance compulsory liability insurance are the custodians of vehicles.The tenant and the driver is not at the same time, the tenant must to others by driving people to run the motor vehicle liability.Therefore, sometimes happens motor vehicle damage compensation liability and the liability associated.When the motor vehicle damage compensation liability is determined, the insurer shall apply to the insured or the victims of the third payment agreed in the contract of insurance.In many countries, such as Germany and Japan, the judges in the trial of disputes on compensation for vehicle damage cases, is to take all kinds of interpretation and application of methods, as far as possible that retains the responsibility, the purpose is to make the victim can get the payment of the insurance money.
3 no fault liability
Liability of motor vehicle damage is a special tort liability, it is not the responsibility of negligence liability constitution, as long as the motor vehicle operation causes damage to others, motor vehicle and use it to bear the liability for compensation, compensation liability provisions in some countries, vehicle damage is, as long as they can demonstrate the motor vehicle and the driver is not negligent, not exemption.The responsibility of compensation for damages caused by vehicles is a kind of no fault liability, therefore, vehicle damage is derived from its liability insurance also has the characteristics of no fault liability.
In the road traffic accident, the insured will often have a fault, but this does not affect the insurance company pays insurance gold to the victim, because "liability insurance refers to the compensation liability of the insured to third party according to law for insurance mark insurance", even if the insured intentionally or with gross negligence, the insurance company should compensate the victim to the recovery in.For example, Japanese law vehicle damage liability insurance liability is limited to "malicious" cause accident situations (motor vehicle damage compensation law of fourteenth), in this case, the victim can directly to accept the vehicle damage injures person's compensation liability insurance insurance company claim for compensation to the victims, and made the insurer compensation for damage to the motor vehicle damage compensation guarantee business request compensation (with sixteenth).To the insurer to vehicle damage compensation compensation guarantee business to malicious cause accident person (the same law article seventy-sixth paragraph 2).Not intentionally, is know may charge, but holding the bumped psychological suddenly start motor vehicles, or fast moving, in the compulsory insurance compensation is not as "malicious".
The operation principles of the 4 break even
Vehicle damage liability insurance is a compulsory insurance system, with the nature of social security, and the insurance company "the force" in parallel, low requirements of insurance premium.Japanese compensation of motor vehicle liability insurance is taken, require the insurance rate must be pay proper price range in efficient operation under low (as far as possible within the Japanese motor vehicle damage compensation law of twenty-fifth), even the liability insurance vehicle damage for private insurance company, also do not allow the vehicle damage liability insurance benefit such a very special position.
The vehicle damage Japan's liability insurance was first commissioned a private insurance company management, the relief vehicle accident victim quickly, indeed as the supreme command has a strong color of the social security insurance, although business to the civil damage insurance company, but also introduced not from the insurance to get the benefits of such a "breakeven principles".Profit for the insurance liability of motor vehicle liability insurance companies recognize this is not allowed to profit in private damage on purpose, because private damage Japan's insurance enterprises difficult to tolerate other organs will this insurance business away, on the other hand, private insurance companies have extensive nationwide sales network and business skills, can be directly to use.Between private insurance enterprises and national interests of compromise, the not-for-profit motto social security vehicle damage compensation liability insurance in the pursuit of profit for private damage was to the purpose of insurance enterprises in the processing.State how to restrict the insurance enterprise, which can not damage in motor vehicle liability insurance in profit, and are willing to do this cause, Japan's experience is worth learning from.
5 unified accounting system
Vehicle damage liability insurance is compulsory insurance, the insurance company is subject to acceptance of contract obligations, risks have no choice, but the insurance premium is the application of the "breakeven principles".And, all insurance companies (including motor vehicle damage compensation liability mutual cooperatives) according to the motor vehicle damage compensation law article twenty-eighth 4 provisions will be pure premium part unified accounting, to the certain proportion in the company between redistribution, to seek the risk and insurance payments equilibrium average.
Liability insurance system of motor vehicle damage compensation after the establishment of Japan, until 2002, has been the damage compensation of motor vehicle liability insurance 60% insurance liability by the government as a reinsurance to accept it, but with the improvement of the system of insurance and reinsurance, the necessity of government more light and was finally repealed.Some countries, such as South Korea since the motor vehicle liability insurance system was established at the beginning did not implement the government reinsurance.
6 the scope of compensation and insurance rates
About the scope of compensation, many countries (such as Germany, France, Italy and Canada, American most states, South Korea and Japan) motor vehicle damage insurance liability in traffic accident personal injury as its compensation object.The damage was limited to carry on items.Doing so enables the use of funds focused on personal care and violation of the right to life relief, easier to play a role in the protection of life, embodies the spirit of respect for life, and is conducive to the liability insurance of motor vehicle injury operation.
To make all vehicle people can join the liability insurance of motor vehicle damage, there should be a lower premium standards, so that each vehicle can pay up.Motor vehicle insurance rate calculation, generally by the specialized agency for example, Japan set up a special motor vehicle insurance rate calculation, for motor vehicle insurance rate calculation work.In order to ensure no profit principle and try to make the insurance cost principle to implement.
Three, motor vehicle liability insurance and its development trend
As mentioned above, the vehicle damage insurance liability derived from motor vehicle damage compensation liability, therefore, its development mainly to strengthen the responsibility in the vehicle damage.As everyone knows, the road traffic accident is the vehicle of fate weakness, but so far, the human has not yet created a more secure and reliable non human traffic tools in a shortcut, convenience can replace the motor vehicle.Therefore, the people of the modern society can only draw on the advantages and avoid disadvantages, efforts by all kinds of ways to reduce the occurrence of accidents, this work mainly in the field of civil liability is to strengthen the motor vehicle liability, in order to make the victim get relief.
(a) the relevant provisions of the German "second Damage Compensation Law Amendment Act"
The most able to represent the vehicle damage compensation system development trend is entered into force in January 1, 2002 second German "Damage Compensation Law Amendment Act" and some relevant provisions of motor vehicle damage compensation.The main contents are as follows:
The legal status of children 1 to improve traffic accidents and other occasions in the.According to the situation of children on the mental body, the children's responsibility age increased from 7 years to 10 years old, the children do not distinguish the offender, the victim (deliberate exception).That children under the age of 10. The occasion, do not consider children's "joint negligence", accordingly, identified as traffic accident of motor vehicles the perpetrators of the burden of the cost in this case (second, 828 revised civil law).
2 in order to avoid from the driver, without operating the vehicle involved in traffic, children need caregivers, the elderly and the implementation of objectively inappropriate behavior (e.g. suddenly went on the road) as "inevitable" defense, the tenant is the exemption, the costs incurred by the implementation of the these children need, the elderly, caregiver burden, the original "the cause of the accident is due to the unavoidable event (ein
unabwendbare
Ereignis), and the inevitable event is not based on the nature of the defect state motor vehicle, not the vehicle maintenance is not all reasons based on time, too to eliminate the obligation of compensation for" correct "the cause of the accident is under force majeure occurs, to exclude compensation obligation" (the second paragraph of the road traffic Act seventh).Moreover, in order to make the motor vehicle, railway operators not to "children under the age of 10 behavior" (cases of unexpected sudden run out), advocated "irresistible", based on the traffic of civil liability in Europe treaty, further narrowing as exemptions "irresistible", take the limits listed in the practice of (armed disputes, war, riot, abnormal size of major natural disasters).Moreover, the exemptions, not "deliberately", which makes the vehicle damage Germany's liability is almost to bear a complete damage results to avoid compulsory motor vehicle drivers.
3 for to also get relief victims know Trailer identification even in only, the road traffic Act seventh provisions in the motor vehicle of the no fault liability for damages of first set up second sentence: "in the accident when the vehicle and trailer coupling Trailer with occasions, the tenant and the custodians of vehicles common obligation to compensate the victim of negative damage".In the third set the third sentence: "first words and 2 sentences, use is also applicable to trailer".
4 motor vehicle liability to free passengers expansion.The payment is paid from the delivery man to the price, is the "transport behavior", rather than "the burden of risk responsibility"; even if it is free, open transport the occasion is typical of the transport of dangerous vehicle implementation considerations, to change the past, the first paragraph of article 8A of the road traffic law "free to be transported passengers who, according to the meaning of acceptable risk, and therefore not worthy of protection" way of thinking, all seventh applies to the victim.Article 8A the road traffic law revised is simplified, and the victim is in a motor vehicle (out), or outside the motor vehicle (pedestrians, other vehicles passenger, etc.), and free or not has nothing to do, and whether as independent business delivery, all the road traffic Act seventh of the risk responsibility.
5 introduction of dangerous liability solatium claim.The solatium request free right from liability under attack, and the non property damage solatium claim to fill, adjustment function (Ausgleichsfunktion) are combined to grasp, as in the purpose of views and strengthening the victim protection under the view of the nature of the problem to solve.In consideration of strengthening the victim protection this point, solatium claim to the dangerous liability expansion is of course ideal.Because if the risk responsibility of solatium is recognized, the victim in all occasions, healthy body violation investigation of dangerous liability for reasons, do not have to claim compensation, and based on the general tort combined.The risk responsibility also admitted that solatium claim not only to improve the status of the victims, but also reasonable procedure effect.The second section of article 253 modification of the civil law, in addition to the original "because the body, health, freedom, self determining infringement should pay damages occasion", provides for "1, damage was deliberately caused occasions; 2, species, considered during damage, not a slight occasion", "the non property damage for the reason, may also request to fair compensation money."
(two) the act of July 5, 1985
France in July 5, 1985 "to improve the traffic accident victim's status to promote the compensation procedure for the purpose of law is to strengthen motor vehicle damage compensation liability" earlier, the positive relief of victims of traffic accidents and the law.The law on the victim, not the driver, and the damage is a personal injury cases, the object of children under 16 years of age, 70 years old and lost more than 80% labor ability from negligence in the discharge (second, third).This is to account for these walkers mental and physical development and health status, can not have strict requirements on their behavior, and motor vehicle driver burden to protect these people travel notice obligation safe driving of vehicles.But others question on the motor vehicle liability, France in 1985 before the reform, the creation in February 27, 1958 under the basis of law "compulsory motor vehicle liability insurance system", the insurance contract, all motor vehicles, or passengers who are injured, if the victim has the vehicle storage to others would be able to receive compensation for damage.The 1985 law referred to in article third "victim" (except for the driver of a vehicle), or the same law referred to in article fourth "victim" (the driver of a vehicle itself), which can be used as the victim compensation request the other party, the law has not between body victims don't set region.That is to say, the driver becomes the victim of the occasion, although in the past is the fault of the responsibility system based on, but the driver and pedestrian, cyclist or passengers similarly, enjoy the declaration procedures.
(three) the European Economic Community "insurance" instruction and legal changes
The vehicle damage insurance liability for others, liability insurance, however, the establishment of motor vehicle damage compensation responsibility, ultimately for the relief of victims of road traffic accidents, ensure the healthy development of the vehicle industry, in addition to the developing driving personal injury insurance business and so on. In addition, some countries and international organizations have taken on the vehicle damage liability insurance "others" correction measures, for example, the European Economic Community in December 30, 1983 (C.E.E.) of the "insurance" second orders third stipulates: "the accident constitute liability issues, and the people, the liability insurance guarantee are determined by the law of the first paragraph of the first insurance contracts the driver, and all the other relatives, for they suffer loss shall not in kinship as a reason to deprive the insurance interests".And further explained the reasons in two times in the book: "the insurance contract, the driver and the other all the responsibility of kin, limit the loss, judged to be given with the victims of the third equal protection is appropriate".
As the domestic law of the CEE instruction, and from the improvement of the national traffic accident compensation law, law liability of motor vehicle damage European countries have the responsibility insurance object of so-called "others" stipulated to be expanded.For example, Belgium will according to the instruction of the European Economic Community ", the provisions in November 12, 1989 increase insurance guarantee of irrelevant people identity relationship, damage the insured vehicle insurance fill in" (second, third), not only contains the "insurance contract person, the driver", but also contains "the owner of the vehicle friends ride their vehicle (the so-called hitchhiking) situation".
(four) the history of Anglo American Law
The same with the countries of continental law system, Anglo American law countries vehicle damage compensation liability has experienced a process of the continuous strengthening.In American, entered in twentieth Century after 70 years, "kindness · free fellow passenger method (guest method)" is imposed on the passengers who adverse legal has become a social consensus.Appeared in guest method is not fair grounds, holding it to be unconstitutional judgment or to repeal legislation.For example, in 1973, the California Supreme Court made guest law unconstitutional "equal terms" judgment.In the judgment of the case, the motor vehicle owner driver error, the center line across the highway side wall against the wall, so the passengers and wounded claim damages from the front, the claim by guest.The court held that: the free ride and other victims to distinguish given favourable treatment in violation of the equal terms.The judges in 3 reasons: A
and accept all "guest" to others kindness distinguished only vehicles with a free of adverse treatment for no good reason.B
on why to protect kindness to limit free by the legal protection has not made to convincing explanation.C
due to the popularity of liability insurance is most in order to prevent collusion request will protect kindness combined reasons have been lost.Moreover, decision points out that, in order to prevent the collusion of objective request, request all guest on hold due reasons, are limited, is a kind of extremely excessive including classification, violation of the equal terms.And that, as applicable to the provisions of the too many exceptions, have also made guest their overall loss of the consistency of the logic.
In addition, more than a dozen states American making vehicle (of all people) agreed method (Automobile
(Owner's) Consent
Statutes).Agree with the so-called all refers to the motor vehicle operation enjoy substantial dominator.Contains no ownership installment sales persons entitled to seller that name.About all the people suffer in the same take damage when can bring compensation request to the driver, there are differences case.But from this legislation aims to the victim caused by no means of relief driver fault accident situation, the driver negligence in not be turned on all the people, all the people can exercise the right to claim damage position is strong.
In the UK, the current on the third party liability compulsory insurance system is based on the 1988 road traffic law.The current insurance system, not only the death, injury, damage to property of the third are forced to join the insurance.Moreover, from the development trend of general insurance, motor vehicle insurance object Britain also expansion, except for motor vehicle use is death, injury, property damage insurance and the third party, at the same time due to the fire and theft of motor vehicles, difficult damage loss is also protected comprehensive guarantee insurance is general.The road traffic law enforcement to join the British motor vehicle insurance started in 1930, but at the time of the use of motor vehicles on the road the request are on the outside with kindness by the third person accident (death, injury) damages forced to join the private insurance.Start the road traffic law on 1972, hitchhiking is forced to ask for.The process of the insured to hire employees in relevant employees, death, damage responsibility to bear.
(five) Asian situation
Asian countries are sooner or later experienced the process of civil legislation in accordance with the theory of rule of law, and in the process systematically, and the advantages of Anglo American in two genealogies of law, legislation and judicature shows clear, easy to operate features.
1 the situation in Japan
Japan is Asia's modern legal system construction since the most advanced countries.1955 on the formulation of the law of compensation for damages caused by vehicles.The law third stipulation: "for their own vehicles for operation purpose, because of the operation against the people's life or body, held liable for damages.But don't slack off the motor vehicle running attention in proved himself and the driver of the victim or the driver, outside third party intentionally or negligently situation as well as the motor vehicle without a structural defect or functional impairment occurs, the limit."The establishment of strict liability of motor vehicle.The method and the establishment of a security liability compulsory insurance system and government vehicle damage.Legal precedent and theory after solving process of traffic accidents, to run for the liability, motor vehicle operation, and others associated with the various kinds of tort law theory and practice were discussed, the responsibility, insurance, guarantee the legal liability system of vehicle damage compensation of three-in-one played very well relief to the victims, and ensure the normal development of the cause of the effect of motor vehicle.
In strengthening the retaining responsibility, in order to relieve the victim, development of change is the biggest is insured "others".Japan and the European countries also, in the maintenance of motor vehicle shall be controlled, to avoid accident position holders and drivers are not included in the "third" (the others) in this principle at the same time, the common people, retain all motor vehicles, relatives, hitchhiking, driver assistance such as victims case, case based on the specific needs and the victim relief, make the necessary corrections.Case (the Supreme Court Court decision in May 30, 1972 third) said: "only in motor vehicle damage compensation law third to their motor vehicle for operation with outside and drivers as others, does not constitute an explanation for some victim does not comply with the other arguments, should be under the specific facts, judge related to whether the victim is equivalent to others".According to the specific facts, has been identified with his human nature are some judgments:
Maintenance costs of
considering the cost of the repairs of vehicles by the husband wife burden, driving without a license and so on, that holds the others of his wife (the Supreme Court ruled in May 30, 1972 third small courts).
The
decided hitchhiking with others (the Supreme Court ruled in September 29, 1967 second small courts).
The
daughter borrowed from mother father all motor vehicles, by other people driving, seated himself at the assistant seat, accident damage events, that were driving people responsible for the operation of control to avoid the risk, while the vehicle owner's daughter (the victim) with "others" (Supreme Court the third small courts ruled in February 5, 1991).
The
to friends by motor vehicle, with all of the son of man by accident, can not say that the judges with friends to borrow the car, but also relative to the friends in a subordinate position, is not able to dominate, and management of the case of vehicle running status and other reasons, that the victim has the "others" (the Supreme Court third small courts ruled in November 22, 1994).
The
on by generation of driving cars in case that holds the victims, drive company interpreted as equivalent to the motor vehicle damage compensation law article second paragraph third of the "tenant", and the victim due to lack of safe drinking ability, driving a motor vehicle comfort degree, risk avoid driving myself this the motor vehicle traffic accidents, the case of motor vehicle driving on behalf of entrusted as driving the drive industry driving on behalf of company, on behalf of the drive companies to accept the generation of driving business, to the victim for safety driving the vehicle delivery to destination obligations.From the relationship between the two, in the case when the accident occurred, the generation in the company have to prevent central responsibility in the case of motor vehicle operation accident victims, and operation control compared with driving on behalf of company responsibility, should say is indirect, auxiliary.That the victim has the others (the Supreme Court ruled in October 31, 1997 second small courts).
But to be able to retain people victimization dominate the vehicle driving, were not identified others:
The
on driving assistant driving and formal sitting assistant seats affected by the case, that it is in the running of dominant position, not with others (the Supreme Court ruled in March 28, 1969 third small courts).
The
on vehicle all people drinking, let the same drink friend drive the vehicle accident victim case, that the victim is running benefit and were driving people to enjoy the vehicle, control the operation, not only by the passenger, the victim is as to prevent the negative center of responsibility for the accident of the same take, is he can command at the time the accident driver replaced at any time, or the driving give specific instructions position, therefore, does not have the others (the Supreme Court ruled in November 26, 1982 second small courts).
The
to keep a man of victimization, and that the other common custodian operation control is indirect, latent, abstraction, the operation control is direct, explicit, concrete, therefore, does not have the others (the Supreme Court third the little court ruled in November 4, 1975).
2 of South Korea
South Korea to develop the "security law" the legal compensation for damages caused by vehicles in April 4, 1963 1313rd, in June 1st the same year implementation.The nature of the law is a special civil law, in the vehicle state and local public relations group holdings of causing casualties, the regulations and the state compensation law conflict, prior to the State Compensation Law applicable.Vehicle damage the law and Japan roughly the same compensation method.Rule third: "for their own operating motor vehicle because of its operation, causing casualties, shall be liable to compensate the damages".About this in the "others", "doctrine of precedent is generally interpreted as the owner of the vehicle, driver and driving auxiliary".The case on the sleep of rotation driver, identified the "others"; and the 1 person in the common driver in the vehicle reversing induced, due to injury other common driver negligence cases, although the outside of the vehicle, the court still denies others the common driver.