答辯義務로서의 告知義務

초록

It is now generally accepted good practice that insurers should ask insureds questions about any material facts they wish to know. Many countries recognizes and will refuse to allow an insurer to avoid a policy for non-disclosure where no question was asked. The section 651 of Korean Commercial Code is based on utmost good faith, and it has been interpreted to mean that a insured is under a duty volunteer material information, and that the penalty for failing to do so is avoidance. It places an obligation on the insured to disclose every circumstance which would infulence the judgement of a prudent insurer in fixing the premium or determining whether he will take the risk. I think this as no longer appropriate in insurance contract. In this article, I provisionally proposed that there should be no duty on a insureds to disclose matters about which no questions were asked. I therefore recommend abolishing the duty to disclose currently enshrined in section 651 of Korean Commercial Code. This reflects the existing world wide approach and established practice.

키워드