Earticle

초록

영어

A expressway is built for high-speed traveling. So it is natural that the safe expressway driving should be required on the expressway. However, there are some causes that keep people from driving safely on the expressway. Those causes can be classified into two categories. One main cause is from the expressway itself. The other one is from external factors. One of the external factors is a roadkill caused by wildlife which unexpectedly run into the car. If the accident happens because of the external risk factors of the expressway, the road management bureau, which is charged in the management of expressway, has a responsibility for the accident. The extent of the external risk factors only covers the road management bureau not preparing steps against the risk factors and not maintaining the expressway properly. The courts in Korea have denied the expressway management bureau’s responsibility of the accident on the expressway, mentioning the possibility of foresight, the possibility of avoidance, and the relation with other necessary facilities for lives as factors of limitation on this responsibility. In this paper, I’ll suggest some reasons why the road management bureau should be responsible for the roadkill accident, referencing criteria for judgment on the roadkill accident in courts of Korea. I’ll also suggest that the coverage of Facilibility Liability Insurance of Japan has to be enlarged to the roadkill accident.

목차

Ⅰ. 들어가며
 Ⅱ. 고속도로의 설치관리의 하자
 Ⅲ. 판례에 대한 검토 및 평가
 Ⅳ. 맺는말
 참고문헌
 

키워드

저자

• 김성원 [ Kim, Sung-Won | 원광대학교 법학전문대학원 교수, 법학연구소연구위원, 한중법률연구소연구위원, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340