독일과 한국의 보험소비자보호의 쟁점

Abstract

Nowadays the protection of finance consumer, including insurance consumer is hot issue worldwide after world finance crisis in the year of 2007. Some countries have changed the finance supervisory board system. To seek rational dispute settlement system in the field of finance is also common issue internationally. The developed countries are also making hard effort for the reform of finance contract related laws, especially insurance contract law. For example, in germany(2007) and in japan(2008) there was heavy reform in the field of insurance contract law. There is also a sort of competition for the making of better finance related contract law internationally. Other countries, like United Kingdom and australia, are also making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in korean national assembly. To solve the problems we must look at foreign laws. Especially the german insurance contract law (VVG) has influences to korean law because we adopted the continental- european legal system. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. Japan has also new separate insurance law on 6. june 2008. It is effected on 1.4.2010. The german reform issues are follows: reform of definition of insurance contract, the reflection of technical development, the reform of insurance police, duty to give sufficient informations to other party, reform of the duty of disclosure, reform of the definition of insurance interest, the abandonment of all or nothing principal, the duty to give correct model estimation paper. Especially, the duty of disclosure was very important reform issue in germany. The japanese insurance law has adopted the duty of passive answer in regard of duty of disclosure. By the way, we should regard special character of insurance contract as contract of utmost good faith when we discuss about the reform of insurance contract law. The insurance contract law is very important for the welfare of citizens. The reform of insurance contract law is also in korea hot issue. This study concentrates on showing desirable way to protect the insurance consumer. To solve this problem we should also consider reforming the current finance supervisory board system. The insured should get sufficient information about the insurance contract. The government should offer rational and chief grievance settlement system. The standard contract terms about electronic insurance transaction should also be suitably and properly arranged. We can get our goal for insurance consumer protection when all these measures are fulfilled. The government, scholar, insurance associations and insurance companies should make hard effort to attain their goals.