보험약관의 해석에 있어 작성자 불이익의 원칙 - 대법원 2018.7.24. 선고 2017다256828 판결 ⋅ 대법원 2018.6.28. 선고 2018다203395 판결 -

Abstract

Recently, the Supreme Court ruled two decisions in succession regarding the interpretation of the cancer insurance policy. One recognized the obligation to pay insurance premiums by applying the principle of disadvantage to preparers on the grounds that the interpretation of cancer under the terms and conditions is multifunctional, while the other ruling denied the obligation to pay the insurance money, saying that cancer diagnosis is not likely to be considered cancer because it does not have the potential for multiple interpretations. However, in that the definition of cancer was possible under the policy terms, it is questionable whether it is appropriate to call the interpretation of the terms and conditions based on the medical majority's judgment at the time of cancer diagnosis, and whether it is appropriate to decide whether or not to pay the insurance money based on pathological diagnosis without considering the nature of cancer diagnosis, after examining the limitations of the application of the principle of the policy and the major issues of the policy.