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학위논문 동서

自動車事故에 있어서 原因提供者의 民事責任에 관한 考察

조일윤

부산 : 동아대학교 1994.

107 p ; 27 cm.

학위논문(석사)-- 동아대학교 대학원 : 법학과 전공 , 1995.2

참고문헌: p. 100-104 / 영문초록: In modern times, in proportion as the use of automobile increases according to an advantage or effect of simplicity, rapidity, transportation ability, Automobile Accident is increasing. The compensation of the man injured by traffic accident caused by automobile is one of a great social problem. Then 1963. 4. 4, a law 1314, Automobile Damages Security Law·(A. D. S. L.) was established and 'announced, and 1984. 12. 31, al1 law(a law· 3744) was reformed and executed. The same law imposes driving man on heavy responsibility near Non-Mistaking Liability in fact in Automobile Accident. But the possibility of automobile Accident with bombing increase of automobile was increasing a great deal and, considering the exchange favors of accident car and man injuried by car, to impose heavy responsibility near Non-Mistaking Liability on driving manager is too severe and unfair. Therefore this thesis criticizes modern system for protecting only man injured much and on the ground of this system the Cause-Producing Man in Automobile Accident at the rate of attribution is to be imposed on responsibility. With this Job, heavy responsibility of Driving Manager and too much protect of man injured are criticized. the responsibility requisite of driving man requlated in the third chapter in A.D.S.L. is eased, the Discharged Requisity of the clue or besides the Discharged one, especially put stressed in magnifying and applicating Authectic Principle more than now. Summary content in this thesis. In Ⅰ, A purpose and a scope or a method of this thesis was discoursed. In Ⅱ, Heavy responsibility near nonliability of Driving Manager on the premise of Cause-Producing Man was eased to discourse upon easing or discharging the responsibility of Automobile-Driving Manager. In Ⅲ, Divided the accident of Automobile to Automobile and the accident of Automobile to Man around Road Traffic Law, to investigate the examples on accident style and responsibility share, this may be examples admitting responsibility of Cause-Producing Man. In Ⅳ, Discoursed upon the structure of responsibility share in case of Automobile Accident. First, in case that there is accident cause to one side alone, it was discoursed that the only one side should be responsible for the accident. Second, in case that there is accident cause to both sides themselves, it is discoursed that in this case, with dangerous level of both side the responsibility is shared. In sharing the responsibility, first in case that there is the accident of Automobile to Automobile, the cause produced to the accident can be evaluated and compared at the same level, and within the limit which is not contrary to the principle of equity, the responsibility should be shared fairly. And in case that a passenger is a injured man, if there was a occurrence or cause of damage to a passenger, it was discaused that the injured man asked the responsibility. Third, it was discoused that, A Third Man have something to do with Automobile Accident, wi th the level that A Third have something to do with a accident, the responsibility should be shared. Forth, in case that Inevitability consists of some accident cause as much responsibility to· driving m will be eased or discharged. In Ⅴ, In conclusion this thesis is summaried briefly.

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