自動車事故에 있어서의 運行者責任과 無斷運轉 = Liability of Automobile-user in Automobile Accident and Unauthorized Driving

다국어 초록 (Multilingual Abstract)

This thesis is concerned about the responsible person for the damages raised by the automobile accident. Particularly, the damages raised by the unauthorized dirving is the most important subject of this thesis. The author of this thesis treats of the responsible person for the damages raised by the general accident in the first place, and he treats of the responsible person for the damages of the accident caused by the unauthorized driver in the second place.
As a general rule, the automobile-user is responsible for the damages raised by the automobile accident. The automobile-user is the person that is using the automobile for his own. Because the automobile-user has the right of control over the automobile, he is responsible for the damages raised by the automobile accident. The damages raised by the automobile accident is the damages caused by the danger of the automobile, and to control the automobile is to control the danger of the automobile. Therefore the automobile-user has to bear the liability for the damages caused by the danger of automobile.
The right of control over the automobile is the objective concept. Hence we have to construct this right with the objective facts that are existent between the user and the automobile, and we have to exclude the subjective facts like the consciousness of the usr. And this right is the normative concept. Therefore the automobile-user has this right when the possibility of exercising this right over the automobile is existent, although he is not exercising this right over the automobile directly.
By the way, many difficult problems occur when the accident is caused by the unauthorized driver. Because the act about the automobile accident does not have the provision about the unauthorized driving, and because we have to solve the problems raised by the unauthorized driving theoretically. The unautho-rized driving is that a man uses the automobile without the consent of the owner. When a man uses the automobile with the consent of the owner, the owner is liable for the damages raised by the accident, because the owner does not lose the right of control over the automobile. But when a man uses the automobile without the consent of the owner, he alone has the right of control over the automobile and the owner loses this right. Therefore the unauthorized driver alone becomes the automobile-user, he alone has the liability for the damages raised by the automobile accident, and the owner is not liable for that damages.
Finally, not only the unauthorized driver but also the automobile-owner is liable for the damages caused by accident, when the unauthorized driving is caused by the fault of the automobile-owner. Because the damages is raised by the unauo-thorized driving and the unauthorized driving is raised by the fault of the automobile-owner, this damages is caused by the fault of the automobile-owner after all. Therefore we can impose the liability for the damages on the automobile-owner.

목차 (Table of Contents)

• Ⅰ. 序 言
• Ⅱ. 運行者의 意義
• 1. 序
• 2. 學說
• 3. 學說의 檢討
• 4. 運行者性의 立證
• Ⅲ. 運行支配의 性格
• 1. 運行支配의 客觀性
• 2. 運行支配의 規範性
• 3. 運行支配의 하나의 徵表로서의 運行利益
• Ⅳ. 無斷運轉
• 1. 序
• 2. 無斷運轉의 要件
• 3. 保有者의 歸責事由에 의한 無斷運轉
• 4. 無斷運轉者의 責任
• Ⅴ. 結 語