Analyses on Court Decision: The Concept of ‘Operation’ in a Self Physical Accident Insurance and the Scope of Liability for Compensation in Practice - Based on Review of Supreme Court Sentence 2022Da266522 and other Relevant Domestic and Foreign Cases

Among Automobile Insurances, a Self Physical Accident Insurance is an insurance that any insurer shall compensate for any loss caused by an accident of the insured automobile, resulting in death or injury of the insured, against which has occured during the insured's ownership, use, or maintenance of the insured automobile. But nowadays, in a Self Physical Accident Insurance, the Concept of ‘Operation’ has become a practical standard for determining whether the insurer is liable. Thus, in order to thoroughly understand this Concept of ‘Operation’, it is necessary not only to consider theories, but also to closely review actual cases to determine what types of accidents in reality that could be included in the Concept of ‘Operation’. Especially in 2023, Supreme Court Sentence 2022Da266522 ruled that, although the Supreme Court follows legal theories of previous precedents, the scope of equipments or devices corresponding to indigenous equipments shall be interpreted more broadly than the scope recognised by previous precedents. So it is very noteworthy that the Scope of Liability for Compensation in Practice has been expanded in a Self Physical Accident Insurance. Then, to figure out how broad the Scope of Liability for Compensation in Practice according to the Concept of ‘Operation’, this article reviews not only Supreme Court Sentence 2022Da266522, but also other relevant domestic precedents. Additionally, in comparative perspective, this article analyses what types of accidents are covered by the insurer’s liability for compensation in the case law of the United States and Japan. Furthermore, in addition to theoretically studying the Concept of ‘Operation’, this article examine the contents of Supreme Court Sentence 2022Da266522 which has expanded the Scope of Liability for Compensation in Practice, from the perspective that the scope of ‘accidents arising out of operation’ recognised by previous precedents is quite narrow.