보험모집상 특별이익제공 금지에 관한 검토
The Prohibition on Provision of Special Interests in the Solicitation of Insurance Production
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By the Insurance Business Act §.98 and Enforcement Decree of the Insurance Business Act §.46, any person who is engaged in the conclusion of insurance contracts or the insurance solicitation shall be prohibited from providing any policy holder or the insured or promising to provide any policy holder or the insured with special interests as money and goods, discount of premium, promise of paying the amount of insurance money in excess of the amount of insurance money etc. The prohibition clause functioned as a resale price maintenance of the insurance production. Such clause originated from USA anti-rebate statutes and Japanese Insurance Business Act §300 and remained essentially unchanged. But according to the changing business environment of insurance industry, even in the such countries arise the questions whether still need anti-rebate statute. The writer introduce the debate and changes in USA and Japan, and review the reasons of anti-rebate laws include the relation between the Insurance Business Act §.98 and the Monopoly Regulation and Fair Trade Ac §.23 sec.1(3) as an act of unfairly coercing or inducing customers of competitors to deal with the enterpriser in question . The writer not conclude that what, if any, changes should be made Korea insurance anti-rebating clause. Possible legislative or regulatory changes was remained as a future study.
Abstract
By the Insurance Business Act §.98 and Enforcement Decree of the Insurance Business Act §.46, any person who is engaged in the conclusion of insurance contracts or the insurance solicitation shall be prohibited from providing any policy holder or the insured or promising to provide any policy holder or the insured with special interests as money and goods, discount of premium, promise of paying the amount of insurance money in excess of the amount of insurance money etc. The prohibition clause functioned as a resale price maintenance of the insurance production. Such clause originated from USA anti-rebate statutes and Japanese Insurance Business Act §300 and remained essentially unchanged. But according to the changing business environment of insurance industry, even in the such countries arise the questions whether still need anti-rebate statute. The writer introduce the debate and changes in USA and Japan, and review the reasons of anti-rebate laws include the relation between the Insurance Business Act §.98 and the Monopoly Regulation and Fair Trade Ac §.23 sec.1(3) as an act of unfairly coercing or inducing customers of competitors to deal with the enterpriser in question . The writer not conclude that what, if any, changes should be made Korea insurance anti-rebating clause. Possible legislative or regulatory changes was remained as a future study.
참고문헌 (28)
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