인신사고 손해배상에 있어 형사합의금과 관련된 제(諸)문제 고찰 (A study of several issues associated with ‘money of agreement to reduce criminal responsibility’ in compensation for damages on personal injury)

서지정보

· 발행기관 : 한국기업법학회
· 수록지 정보 : 기업법연구 / 26권 / 3호 / 213 ~ 240페이지
· 저자명 : 조규성

초록

‘Money of agreement to reduce criminal responsibility’ is that the settlement receiving from offender in processing the investigation into the offender of illegal acts or the criminal justice trial, it means money in receiving to expression the victim don't want to punish offender.
This is an issue whether ‘Money of agreement to reduce criminal responsibility’ is deducted from the victim's damages settlement or in claim adjust affairs. Because the Supreme Court' judgment are reported to a part of damages to property if the payment is not clear consolation money whether or not.
Several issues came to the fore once the Supreme Court' judgment has started to regard the legal concept of ‘Money of agreement to reduce criminal responsibility’ as a part of monetary damages from assailant.
But I think that the Supreme Court's judgment was wrong, because that is to ignore the practical realities of claim indemnity. Therefore this study contemplates the legal concept of ‘Money of agreement to reduce criminal responsibility’, then analyze the problems caused by this and will provide solution for this problems.
Rules of ‘Act on Special Cases concerning the Settlement of Traffic Accidents’, Article 3 (Special Cases concerning Punishment) are as follows,(1) A driver of a vehicle who commits a crime provided in Criminal Act Article 268 of the Criminal Act by reason of a traffic accident shall be punished by imprisonment without prison labor for not more than five years or by a fine not exceeding 20 million won.
(2) Due to traffic of vehicles, a driver who commits a crime by inflicting bodily injury through occupational or gross negligence of crimes relating to traffic accidents mentioned in paragraph (1) or a crime of Road Traffic Act Article 151 of the Road Traffic Act shall not be prosecuted against the express will of the victim: Provided, That this shall not apply in cases where a driver of a vehicle who commits a crime of inflicting bodily injury through occupational or gross negligence of crimes relating to traffic accidents mentioned in paragraph (1) leaves the scene of an accident without taking measures including those necessary to render aid to a victim provided in Road Traffic Act Article 54 (1) of the Road Traffic Act or leaves the scene of the accident after moving the victim from the site of an accident and abandoning the victim, and in cases where a driver of a vehicle commits such crime caused by an act falling under any of the following types of accident, that is to say 11 kinds of accidents caused by gross negligence in Road Traffic Act.
In conclusion, it is necessary a new regulatory and legal personality of 'Money of agreement to reduce criminal responsibility', and to define clearly automobile insurance terms and conditions.
In the future, ‘Money of agreement to reduce criminal responsibility’ must not be deducted from damages compensation, also charged to the insured‘ claims isn't able to do so to the insurance company.

영어초록

‘Money of agreement to reduce criminal responsibility’ is that the settlement receiving from offender in processing the investigation into the offender of illegal acts or the criminal justice trial, it means money in receiving to expression the victim don't want to punish offender.
This is an issue whether ‘Money of agreement to reduce criminal responsibility’ is deducted from the victim's damages settlement or in claim adjust affairs. Because the Supreme Court' judgment are reported to a part of damages to property if the payment is not clear consolation money whether or not.
Several issues came to the fore once the Supreme Court' judgment has started to regard the legal concept of ‘Money of agreement to reduce criminal responsibility’ as a part of monetary damages from assailant.
But I think that the Supreme Court's judgment was wrong, because that is to ignore the practical realities of claim indemnity. Therefore this study contemplates the legal concept of ‘Money of agreement to reduce criminal responsibility’, then analyze the problems caused by this and will provide solution for this problems.
Rules of ‘Act on Special Cases concerning the Settlement of Traffic Accidents’, Article 3 (Special Cases concerning Punishment) are as follows,(1) A driver of a vehicle who commits a crime provided in Criminal Act Article 268 of the Criminal Act by reason of a traffic accident shall be punished by imprisonment without prison labor for not more than five years or by a fine not exceeding 20 million won.
(2) Due to traffic of vehicles, a driver who commits a crime by inflicting bodily injury through occupational or gross negligence of crimes relating to traffic accidents mentioned in paragraph (1) or a crime of Road Traffic Act Article 151 of the Road Traffic Act shall not be prosecuted against the express will of the victim: Provided, That this shall not apply in cases where a driver of a vehicle who commits a crime of inflicting bodily injury through occupational or gross negligence of crimes relating to traffic accidents mentioned in paragraph (1) leaves the scene of an accident without taking measures including those necessary to render aid to a victim provided in Road Traffic Act Article 54 (1) of the Road Traffic Act or leaves the scene of the accident after moving the victim from the site of an accident and abandoning the victim, and in cases where a driver of a vehicle commits such crime caused by an act falling under any of the following types of accident, that is to say 11 kinds of accidents caused by gross negligence in Road Traffic Act.
In conclusion, it is necessary a new regulatory and legal personality of 'Money of agreement to reduce criminal responsibility', and to define clearly automobile insurance terms and conditions.
In the future, ‘Money of agreement to reduce criminal responsibility’ must not be deducted from damages compensation, also charged to the insured‘ claims isn't able to do so to the insurance company.

참고자료

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