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  • E-ISSN2233-5382
  • KCI

The Effect of Increasing The Third Party Liability and Expansion of Mandatory Insurance in South Korea

The Journal of Industrial Distribution & Business / The Journal of Industrial Distribution & Business, (E)2233-5382
2021, v.12 no.11, pp.33-50
https://doi.org/https://doi.org/10.13106/jidb.2021.vol12.no11.33
KWAK, Young-Arm

Abstract

Purpose: In South Korea, two kinds of mandatory insurance, Fierce Liability Insurance and Outdoor Advertising Liability Insurance sells as of February 2021 according to relevant codes. This study analyzed third party liability and personal living liability insurance in terms of various risks not corporation side but personal side arising from normal living and life. Research design, data and methodology: Some cases of drone accident hit man and fierce dog accident were taken into analysis to verify blame ratio and insurance claim money. The former case is that on the way down the elevator, the dog, American pit bull terrier rushed in and bit the lower part of the knee against the visitor. The latter case is that while flying in the sky as usual, the drone suddenly crashed, fell, and hit the head of a young child while walking on the street. Further previous studies such as third party liabilities, liability insurance, mandatory insurance were deeply analyzed. Results: Based on some case studies and previous studies, the author suggested valuable comments in turn realization of insurer as provider, exhaustive creation and operation of mandatory insurance, realization of insured as demanded, and arrangements of laws and systems in special consideration of amendment of companion animal and exhaustive execution of mandatory insurance by the government. Conclusions: This study was about third party liability, personal living liability insurance and expansion of mandatory insurance caused by relevant laws by the government. In this study the author verified what issues were observed from two cases drone accident and fierce dog accident and then suggested some valuable comment as above both systemic plans and practical plans. First of all, the individual should get Comprehensive Property Insurance(CPI) that covers the risks of his/her own property arising from the everyday life. And then the individual should further buy Personal Living Liability Insurance(PLLI) in order to prepare 'accidents that may happen when, where, or how' and overcome the said accidents. Moreover, the individual should take a look every single insurance contract whether he/she has a special terms and conditions of Personal Living Liability Insurance(PLLI) or not.

keywords
Third Party Liabilities, Liability Insurance, Mandatory Insurance, Drone Accident, Fierce Dog

Reference

1.

Ahn, J. H. (2017). A study on the liability legal system and insurance system concerning autonomous vehicles. Korea Insurance Law Journal, 11(1), 247-264.

2.

Chatzipanagiotis, M., & Leloudas, G (2020). Automated Vehicles and Third-Party Liability: A European Perspective. Journal Of Law, Technology & Policy, 2020(1), 109-199.

3.

Cho, S, J. (2018). A Study on the Pet Protection Laws of USA - Based on the Pet Trust Laws of USA -. Kangwon Law Review, 53(0), 351-378.

4.

Cho, S, J. (2019). A Study on Current Developments and Suggestions of Animal Law in the US - focused on the Dog Bite Law of the US -. Kyungpook Natl. Univ. Law Journal, 65(1), 283-307.

5.

Choi, C. H. (2016). Vision and Problem of Drone Insurance. KIRI Weekly, 396(0), 1-9.

6.

Faiier, O., Arefieva, O., Miahkyk, I., Babko, N., Kuskova, S., & Khloponina-Gnatenko, O. (2019). Risk management in the sphere of state economic security provision using professional liability insurance. Global Journal of Environmental Science and Management, 5(SI), 51-60.

7.

Fauzilah Salleh, F., Khamarulzaman, M. H., Azlan, M. A. D., Sharazi, M., Mustazar, M., Hamzah, N. A., & Zainol, N. A. (2020). Manufacturer'S Demand for Liability Insurance: A Critical Review. Journal of Critical Reviews, 7(11), 577-582.

8.

Friehe, T., Rossler, C., & Dong, X. (2018). Liability for third-party harm when harm-inflicting consumers are present biased. Institute of Law and Economics Working Paper Series, 20(12), 1-36.

9.

Gasińska, M. (2016). Determinants of Development of Third Party Liability Insurance: Selected Approaches, Experience and Trends in Poland. Foundations of Management, 8(1), 123-138.

10.

Hong, J. H., & Kang, J. Y. (2019). A Study on the Necessity of Mandatory Cyber-Insurance to Protect Data Subjects. Wonkwang Law Journal, 35(1), 267-290.

11.

Jeong, Y. M., & Kim, S. C. (2018). Civil Liability for Damages Caused by Light Pollution. Law & Policy Review, 24(2), 325-355.

12.

Ji, I. B., Kim, H. J., Kim, W. T., & Seo, G. C. (2017). Development Strategies for the Companion Animal Industry. Korea Rural Economic Institute, 824(0), 1-209.

13.

Jin, Y. W. (2017). Expansion Plans of Companion Dog Insurance, Semina of Development of Companion Animal, Korea Rural Economic Institute, 2(1), 7-14.

14.

Jun, H. D. (2019). Legal Review on the Mandatoryization of Medical Professional Liability Insurance. HUFS Law Review, 43(2), 273-303.

15.

Jung, S. H., & Kim, T. I. (2006). Risks of Customs Broker on Customs Broker Liability Insurance. The Korean Academy for Trade Credit Insurance, 7(1), 11-21.

16.

KIDI (Korea Insurance Development Institute), & SMU (SangMyung University), (2015). Improvement Plans of Adoption of Disaster Insurance as a Public Policy Insurance. 12(0), 8-24.

17.

Kim, D. W. (2012). A Study on the Civil Liability in Sport Accidents. Doctoral dissertation, Hoseo University, Asan, Korea.

18.

Kim, E. K. (2019). The Difference Between Korean and German Insurance Contract Law in the Operation of Liability Insurance. Korean Commercial Law Association, 38(2), 169-219.

19.

Kim. H. I. (2016). Urgent Arrangement of Government Leading Insurance changed by each government. Enewstoday, 16(4). 08.

20.

Kim, J. B. (2018). The legal responsibility of the unmanned aircraft operators and insurance. The Korean Journal of Air & Space Law and Policy, 33(2), 367-418.

21.

Kim, J. P. (2018). Legal Liability and Insurance System for Unmanned Aerial Vehicle. Business Law Review, 32(4), 169-201.

22.

Kwak, Y. A. (2012). A Study on Resolution of Uninsured Risks in field of insurance of international trade for e-Business era. The e-Business Studies, 13(2), 301-318.

23.

Lee, C. J. (2018). A study on mandatory insurance for aircraft operators. The Korean Journal of Air & Space Law and Policy, 33(2), 169-197.

24.

Lee, M. J. (2015). A Study of Nurses' Malpractice Experiences, Perception of Comprehensive Nursing Service and Nurse's Liability Insurance System, Doctoral dissertation, Hanyang University, Seoul, Korea.

25.

Park, E. G. (2019). A Study on Self-Driving-Car Insurance. The Journal of Comparative Private Law, 26(4), 145-174.

26.

Rolph, D. (2021). Liability for the Publication of Third Party Comments: Fairfax Media Publications Pty. Ltd. v. Voller. Sydney Law Review, 43(2), 225-240.

27.

Rou, S. H. (2009). Domestic and Overseas Legal Trends of Private Information Protection on Private and Financial Sector with infringement of Private Information. General Insurance, Seoul, Korea.

28.

Rou, S. H. (2010). Process of Car Accident and Main Code of Mandatory Insurance in China. General Insurance, Seoul, Korea.

29.

Shin, D. H. (2008). Review of the Compulsory Storm and Flood Insurance and Policy Implications. Journal of Insurance and Finance, 19(2), 77-107.

30.

Weijun, H., & Xiaoqiu, L. (2019). The E-commerce Law of the People's Republic of China: E-commerce platform operators liability for third-party patent infringement. Computer Law & Security Review, 35(6), 105-347.

31.

Yang, S. G. (1991). Insurance Law. Seoul, Korea: Samjiwon.

The Journal of Industrial Distribution & Business