미성년자를 피보험자로 하는 사망보험계약에 대한 소고

Abstract

According to Korean Commercial Code Article 732 (Prohibition of Insurance Contracts for Persons under 15 Years of Age, etc.), An insurance contract that designates the death of a person under 15 years of age, mentally unsound person, or mentally deficient person as a peril insured shall be null and void: Provided, That the foregoing shall not apply where the mentally deficient person has mental capacity when entering into an insurance contract or becomes the insured of a group insurance under Article 735-3. According to this, life insurance contracts that the insured are minors under the age of 15 years are null and void. In other words, life insurance contracts that the insured are minors under the age of 15 are excluded under the current law. However, it is possible to conclude a life insurance contract with a minor who is under 15 years of age as an insured person. In this way, our commercial law distinguishes life insurance contracts that the insured are minors at the age of 15 years. If we look at the legislative cases of other countries, we can see that the life insurance contracts with minors as insured are totally nullified, In some countries, regulations are similar to those in Korea. As long as there are demands for life insurance contracts for minors under age 15, it is too restrictive to have certain age limits.