The meaning of "operation" under the terms and conditions applicable to an accident insurance contract which only provides a security for a traffic accident;

The term "operation" under the terms and conditions applicable to the accident insurance contract that applies only to traffic accidents, as stipulated in Article 2 of the Guarantee of Automobile Accident Compensation Act, refers to the use of an automobile in accordance with the usage of the relevant device as stipulated in the provisions of Article 2 of the Automobile Accident Compensation Act, and the accident that an automobile is parked in the turf field adjacent to the road which was granted by entering the vehicle into the road which is the traffic head, and the motor vehicle is broken out and broken out shall not be deemed an accident when the insured is boarding the motor vehicle during the "operation", and therefore, it does not constitute

Article 737 of the Commercial Code, Article 2 subparagraph 2 of the Guarantee of Automobile Accident Compensation Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-sung, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

[Judgment of the court below]

Attorney Choi Sung-sung et al., Counsel for the defendant-appellant

Daejeon High Court Decision 93Na2924 delivered on October 15, 1993

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief).

The court below determined that the accident insurance contract of this case only applies to the accident insurance contract of this case. ① The insured's injury caused by traffic accidents such as collision with traffic equipment during operation or collision with them, fire or explosion, ② the insured's injury caused by sudden and incidental accidents in the platform; ③ the insured's rapid and incidental injury caused by all traffic equipment during operation; ② the insured's accident during operation of the road is a sudden and incidental accident caused by the accident; ② the deceased's accident during operation of the road is driving of the road only after completion of the company's work, and the deceased's non-party is driving on the road near the dwelling area and driving of the road near the dwelling area, and it is hard to see that the above automobile's accident occurred in the open field of the road of this case with the concept of the traffic accident of the above 2nd "this case's new accident caused by the accident of this case's driver's license without any special reason."

In addition, the court below held that among the damage items to be compensated for the insurance clause of this case, the above insured person referred to in Paragraph (1) of this case may be deemed to fall under "when the deceased, who is an insured person, does not board a transport aircraft during operation", but the above accident is not caused by "traffic accident, such as collision with a transport equipment during operation", and on the other hand, the above accident does not fall under the insurance accident mentioned in each item because it did not fall under the above item "in the passage of the deceased," among the damage items covered by the insurance clause of this case, "in the road of the above deceased," among the damage items covered by the insurance clause of this case. In light of the records, the court below's findings and determination are just and

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-chul (Presiding Justice)