자동차 사고로 인한 인적 손해에 있어서 손해배상의 범위 (The Scope of Compensation for Damages in Casualties Due to Traffic Accidents)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 35호 / 37 ~ 72페이지
· 저자명 : 박영민

초록

When casualty occurs due to traffic accident, the resultant damages are divided into active damages related to medical expenses and passive damages related to lost profits and mental damages related to compensation. The three factors for the lost profits, which constitute most part of compensation for damages, are the victim’s income, fault, and disabilities. So, in each of these three factors, the conflicts between the offender and the victim can become acute. This paper analyzes the existing precedents and theories on the income and the disabilities and presents the relevant criteria and alternatives. Income is determined by tax data and if it is not proved by tax data, statistical income, wages of technical workers are applied and when these also cannot be applied, wages of a day laborer of farming villages are applied. Accordingly, I examined through precedents what methods of proof are needed when income is to be proved by tax data, and what methods of proof are needed when income is to be proved in the case of statistical income and technical workers.
Currently disabilities are evaluated by applying McBride methods which are considered most appropriate methods at present but have limitations of being unable to keep up with changes in the occupation clusters following the flow of the times and changes in medical technologies. So, new criteria by which modern occupational clusters and medical technologies can be reflected and the existing diverse methods of evaluating disabilities in integrated ways can be applied and the organizations that will practice the criteria need to be established.
Compensation for casualties due to traffic accidents should be judged based on concrete validity, and the disputes over income and disabilities continue to exist as long as traffic accidents exist, and it is the tasks of judicial and medical circles to minimize such disputes by establishing more technically sophisticated and systematic criteria.

영어초록

When casualty occurs due to traffic accident, the resultant damages are divided into active damages related to medical expenses and passive damages related to lost profits and mental damages related to compensation. The three factors for the lost profits, which constitute most part of compensation for damages, are the victim’s income, fault, and disabilities. So, in each of these three factors, the conflicts between the offender and the victim can become acute. This paper analyzes the existing precedents and theories on the income and the disabilities and presents the relevant criteria and alternatives. Income is determined by tax data and if it is not proved by tax data, statistical income, wages of technical workers are applied and when these also cannot be applied, wages of a day laborer of farming villages are applied. Accordingly, I examined through precedents what methods of proof are needed when income is to be proved by tax data, and what methods of proof are needed when income is to be proved in the case of statistical income and technical workers.
Currently disabilities are evaluated by applying McBride methods which are considered most appropriate methods at present but have limitations of being unable to keep up with changes in the occupation clusters following the flow of the times and changes in medical technologies. So, new criteria by which modern occupational clusters and medical technologies can be reflected and the existing diverse methods of evaluating disabilities in integrated ways can be applied and the organizations that will practice the criteria need to be established.
Compensation for casualties due to traffic accidents should be judged based on concrete validity, and the disputes over income and disabilities continue to exist as long as traffic accidents exist, and it is the tasks of judicial and medical circles to minimize such disputes by establishing more technically sophisticated and systematic criteria.

참고자료

· 없음