중복보험과 고지‧통지의무위반에 대한 법적 검토 — 대법원 2001.1.5. 선고 2000다31847 판결에 대한 평석을 중심으로 —

Abstract

When a insured makes several insurance contracts on the same insurable interest, there are many issues that should be solved rationally. It is very difficult, to solve the problems arising from double insurance. Firstly, is the fact that a insured made several insurance contracts an important matter or not? Secondly, what is the effect, when the insured did not notice the fact that he has made several insurance contracts? The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems, especially in respect of the double insurance problems. The reform discussion about korean insurance contract law is being done in korean national assembly. But by the reform discussion in korea the legislator has decided not to adopt the right of insurer to cancel the insurance contract, although the insured has violated the duty to notice about double insurance. It is in result a good decision. The japanese law and german law did not regulate such a thing. When we adopt such a regulation, the resistance of consumer community would be very hard. We should therefore the problems with double insurance registration system and the civil law § 103. When a insured abuses the insurance severely, then the insurance contracts are totally null and void because of good public order and customs. We should solve the Problems arising from double insurance rationally. Thereby the key point is that the registration of double insurance should be done exhaustively. And thereby, the personal information protection should not be neglected. This study concentrates on analysing the new korean supreme court decision about the effect of violation of duty of disclosure and duty to notice about double insurance. The author has also suggested some reform directions and detailed reform contents.