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KCI 등재
타인의 생명보험의 규제에 관한 연구
A Study on the regulation of Insurance Contract on Another Person`s Life
이성남 ( Sung Nam Lee )
금융법연구 9권 1호 291-344(54pages)
UCI I410-ECN-0102-2013-320-002086457

In Korea, Insurance Contract on Another Person`s Life have been regulated under consent requirements. It appears that these regulations have adequately performed the role of preventing instances of moral hazard, gambling on another`s life through life insurance and violation of personal rights. Recently, there has been an increase in insurance fraud related to the insured own life and health. Therefore, to deal with these instances there is the need to implement the doctrine of insurable interest in life insurance contracts along with the consent requirement to suppress the abuse of the insurance system. The decision of the Korean Supreme Court which voids Insurance Contract on Another Person`s Life contracts without the insured signed consent leads to unnecessary increase in processes and transactional costs and does not further the intent of the laws. Therefore, there is the need to reconsider the effects of the decision, such as deciding that these instances be voidable. Regarding the method of consent the Korean Commercial Code requires written consent. With the advances in information technology such as the internet, it is expected that sales of insurance contracts will be increasingly transacted over new channels such as on-line or through other media channels. Therefore, there is the need to improve the method of receiving consent while ensuring that consent has been clearly made, such as allowing consent made through voice recording or electronic documents. Regarding the legal position of the insured in Insurance Contract on Another Person`s Life contracts, there must be processes established where the insured may remove him/herself from the position of being insured where his/her circumstances have changed. Also, there must be consideration of providing to the insured the right to request the cancellation of the insurance contract or a special right to cancel the contract. There has been ongoing controversy regarding the ownership of proceeds in group insurance contracts. Therefore, at the enrollment stage, there must be clear understanding of the rights of the member as well as notice that the member has been enrolled in group insurance to prevent enrollment without the member`s knowledge. Also, at the proceed payment stage, there must be an improvement in the payment system, such as the legislation enacted in China, to ensure that the member or the member`s heirs receive payment. Finally, considering at the stage of enrollment there are only broad guidelines on the qualification to be enrolled, there must be systems in place to exempt the consent requirement under certain circumstances such as limiting the amount of benefits because it may be irrational to require written consent for accident insurance which is provided as part of a service to a customer or where the insurable interest cannot be confirmed beforehand.

[자료제공 : 네이버학술정보]
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