한국 보험법의 현재와 개정논의

The Present Korean Insurance Law and Debate on Its Reform

초록

The draft Bill of Korean Insurance Contract Law as part of the Korean Commercial Law is under review of the Korean Congress. This paper is to study and analyze our draft bill presented by the Korean Government in 2008. First of all our draft bill requires a consumer to volunteer information about other insurances to insurers, and if not the insurer may cancel the insurance contract. However, it is now generally accepted that insurers should ask consumer for the information they want to know. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the drafted bill of United Kingdom would be a good model to us, and controversial issues of the bill could be a good guidance because the main problems are similar. Our Reform should enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their favour. Reform would improve confidence in the industry. In this respect this paper tries to study.

키워드

보험계약법 ∥ 개정 ∥ 최대선의 ∥ 고지의무 ∥ 가계보험 ∥ 피보험이익Insurance Contract LawReformUtmost Good FaithConsumer InsuranceInsurable InterestInsurance Contract LawReformUtmost Good FaithConsumer InsuranceInsurable Interest
제목
한국 보험법의 현재와 개정논의
제목 (타언어)
The Present Korean Insurance Law and Debate on Its Reform
저자
장덕조
발행일
2011-08
저널명
금융법연구
8
1
페이지
247 ~ 278