북한의 보험법 연구 - 보험계약 통칙적 내용을 중심으로 -

Abstract

The recent death of Kim Jong Il in North Korea is looked on to affect South-North Korea's economic cooperation as well as the policy of reunification in Korea. A variety of insurance contract can be included in the economic cooperation between South and North Korea, and accordingly there can be conflict in the insurance contract. I wanted to analyze the characteristics of North Korea's Insurance Act and compare it with that of our Insurance Act, which will help us to solve(arbitration) the dispute in insurance premium and insurance money. And it is required that we know the norms of a society to understand its structure of social consciousness. When it comes to look at insurance contracts, it is impossible for the government to recompense all private damages caused by the natural disaster or other accident even in the communist distribution system. Thus, insurance serves as a useful safety device to the victims of individual, enterprises, institutions, cooperative farms in North Korea, which tells capitalist insurance system is inevitable even in North Korea. We need to research the North Korea's insurance system because South-North Korean economic cooperation will become much more closely than now if the North Korea's foreign policy changes to open its economic system. In the dispute on the damages in the land, sea or aviation accident, insurance contract will be useful to solve it. So North Korea's Insurance Act is needed to be examined closely. North Korea is an anti-liberty society, so it blames liberal insurance contract system as a means to sqeeze out the people. Nevertheless, North Korea admits the liberal economic principles of insurance law wholy. North Korea's insurance business is monopolized by the government. A social security system has been developed in the communist economy theoretically, and North Korea's insurance system is connected with this social security system. North Korea's insurance has dual system, which are insurance contract agreed by both parties and social insurance(labor insurance), which explains that North Korea's insurance contract may be interpreted like the social insurance. North Korea's Insurance Act was not aimed to avoid the risk in free business, but supervise the economic activities. The accumulation of premiums and the management of insurance fund are regarded as means of national economic stability and economic policy. North Korea's Insurance Act classifies insurance as personal insurance and property insurance, which has the characteristic classifing the insurance contract according to the insured objective. The parties of the insurance contract in North Korea are the insurer and the insured (policyholder). There is only insurance broker system among the insurance contract's intermediaries. But insurance broker's authority, right, obligation and responsibility are not clearly prescribed. The regulation of under insurance, excess insurance, double insurance is not clear, though North Korea's insurance contract law requires insurable interest. It has only the subrogation system as to the third party, without one as to the insured object. Insurance contract is null and void in North Korea, if it infringes the interests of society and the community, or is concluded illegally, or is concluded after insurance accident broke out. Nevertheless, its interpretation is not clear. And, revocation and cancellation of the contract can not be distinguished in North Korea's Insurance Act. Insurance contract can not be revoked arbitrarily by the insurer, which is like the liberal insurance contract law. When insurance premium is not payed, its sanction is strict as much as the insurer don't pay insurance money at all, though insurance accident breaks out. The reinsurance contracts are needed in North Korea particularly, as he original insurers cannot cover all the damages caused by the natural disasters and other risks. However, reinsurers should bear the burden to pinpoint the degree of the risks in the original insurance contracts secretly concealed.