첨단 자동차 교통 시스템에서의 사고에 대한 법적 책임 (Legal Liability of Car Accidents under Intelligent Transport System)

서지정보

· 발행기관 : 한국경찰법학회
· 수록지 정보 : 경찰법연구 / 7권 / 1호 / 3 ~ 29페이지
· 저자명 : 장재옥, 윤태영

초록

In developed countries, technical breakthroughs have brought
transportation systems to cutting-edge along with the development of
Intelligent Transport System (ITS). ITS refers to a new transportation
system in order to solve various problems of transportation such as car
accidents or traffic congestion by building networks among individuals,
roads and vehicles with the aid of high-tech Information Technology.
Korea has recently started SMART highway project as a major state
project and the project is expected to change the current transportation
system within the next few years.
The expected changes due to the introduction of ITS which controls
the operation of automobile may bring some issues on the current legal
approach where only car driver is liable for an accident. That is, car
accident under ITS intervention is likely to impose legal liability on the
manufacturer and manager of ITS as well as civil and criminal liability
on driver.
This paper investigated driver's damage liability and criminal liability,
product liability of ITS manufacturer, and state compensation
responsibility of ITS manager with specific cases according to the two
types of ITS, Information/Warning systems and Intervention system. In addition, it analyzed the limit and problems of current liability system, which imposes strict liability on driver, and suggested some alternative solutions

영어초록

In developed countries, technical breakthroughs have brought
transportation systems to cutting-edge along with the development of
Intelligent Transport System (ITS). ITS refers to a new transportation
system in order to solve various problems of transportation such as car
accidents or traffic congestion by building networks among individuals,
roads and vehicles with the aid of high-tech Information Technology.
Korea has recently started SMART highway project as a major state
project and the project is expected to change the current transportation
system within the next few years.
The expected changes due to the introduction of ITS which controls
the operation of automobile may bring some issues on the current legal
approach where only car driver is liable for an accident. That is, car
accident under ITS intervention is likely to impose legal liability on the
manufacturer and manager of ITS as well as civil and criminal liability
on driver.
This paper investigated driver's damage liability and criminal liability,
product liability of ITS manufacturer, and state compensation
responsibility of ITS manager with specific cases according to the two
types of ITS, Information/Warning systems and Intervention system. In addition, it analyzed the limit and problems of current liability system, which imposes strict liability on driver, and suggested some alternative solutions

참고자료

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