자살시 보험금 지급과 지급보험금의 종류 - 독일의 논의와의 비교를 중심으로 -

Abstract

In general, the insurer is indemnified in the case of suicide. But the life insurance terms allows the payment of insurance money in the case of suicide after 2 or 3 years. The arts of insurance money to pay is not clarified. Therefore there are disputes between the insurance company and consumer (and also consumer protection group). The problem is whether the insurance company should pay disaster death - insurance money or general death - insurance money. This is very difficult problem. The life insurance contract terms was not clear. By the way, the Financial Supervisory Service was involved. After April 2010, the contract terms was changed clearly. The Financial Supervisory Service has worried itself. But the Financial Supervisory Service has decided that the insurance company should pay disaster death - insurance money. But it can not be justified. The suicide is not disaster. The german insurance law(VVG)(§ 161) regulates that the insurance company should pat insurance money when the insured commit suicide after 3 years. The german scholars interpret that § 161 VVG should not be applied to accident insurance. That means that the suicide is not disaster. Therefore, we can also interpret that the insurance company should pay general death - insurance money in case of suicide. This paper has analysed the proceedings of this affair and domestic law and court decision situation. Furthermore, this paper has done the comparative legal study with german laws and interpretations on them. And then it has drawn the final results. The final results is that the suicide is not disaster and the insurance company should pay general death - insurance money in the case of suicide after 2 years.