In handling property damage associated with car accidents, eight non-life insurance
companies did not pay compensation for car rentals and insurance payouts for indirect loss
from automobile depreciation even though this was their obligation under the automobile
insurance contracts. Regarding such conduct, the KFTC decided that these insurers provided
disadvantages to the victims of the car accidents by unreasonably abusing their superior
position on the grounds that the victims had to accept insurance payouts as calculated and
paid by the insurers because the victims did not know well about the provision on damage
compensation (standards of payouts) under the contracts (information imbalance) as well as
indirect damage insurance payments, and that it was not possible for the victims to choose
another insurance company for their compensation.
With respect to the KFTC’s decision, the meaning of “trade” was in dispute. The Seoul High
Court accepted a narrow meaning of “existence of a contractual relationship” while the
Supreme Court sided with the KFTC. Like most of legal experts, the KFTC and the Supreme
Court understand that, in terms of legal principles, “trade” has a wider meaning of general
means of business activities or trade order, rather than referring to individual contracts. Based
on this understanding, an unfair trade practice can be recognized in a case where the insurance
companies are supposed to perform the obligations in their transaction relationships by law
even when there is no direct transaction relationship between the insurers and the victims. In
filing a claim for damages with respect to an unlawful act, if the insurance companies
determine the items of compensation for damaged cars in order to perform their obligations
under the insurance contracts, it is recognized that there exists a transaction relationship
between the insurance companies and the damaged cars’ owners. This ruling is meaningful
because a transaction relationship is recognized as long as the insurance companies’
obligation to compensate the victims for the damaged cars pursuant to the insurance contracts
exists even though the relationship between the insurance companies and the victims is based
on a direct insurance claim, a right granted to the victims by law.