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단기수출보험 포괄보험특약의 특성과 불이익변경금지 - 대법원 판례의 분석을 중심으로 -

Special character of short term export credit insurance and § 663 korean commercial code - focused on the analysis of supreme court cases -

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Korea has extended the export volume steadily. As a result of such an effort, korea is looking forward to be the 10 big export country in the world. Thereby the export credit insurance has contributed heavily. The korean government has tried to support the export enterprieses through the export credit insurance. But the export credit insurance in general has some special character. First of all, the export insurance is nonprofitable policy insurance. In korea export insurance is held by Korea Export Insurance Corporation(KEIC). KEIC has been committed to promoting sound overseas transactions since its establishment in July 1992. KEIC compensates the losses arising from export transactions and overseas investments that cannot be handled by the general insurance systems, and provides useful information to its customers. Always looking beyond its success, KEIC is making effort to meet the various needs of its customers, while furthering international cooperation and striving to become one of the leading export credit insurance institutions in the world. Because of the system of short term export credit insurance(blanket clause) the export enterprise should confirm the export facts and volume to the insurer. Otherwise there can be insurance fraud, namely the reverse selection. And by the application of the consumer protection regulation in korean commercial law(§ 663) the scale of the export enterprise should be considered. This study concentrates on showing the special character of short term export credit insurance blanket clauses. On the other hand the author has tried to point out how can be applied the consumer protection provision in korean commercial law(§ 663) to export credit blanket insurance. Thereby he has indicated and analysed three supreme court cases.

Abstract

Korea has extended the export volume steadily. As a result of such an effort, korea is looking forward to be the 10 big export country in the world. Thereby the export credit insurance has contributed heavily. The korean government has tried to support the export enterprieses through the export credit insurance. But the export credit insurance in general has some special character. First of all, the export insurance is nonprofitable policy insurance. In korea export insurance is held by Korea Export Insurance Corporation(KEIC). KEIC has been committed to promoting sound overseas transactions since its establishment in July 1992. KEIC compensates the losses arising from export transactions and overseas investments that cannot be handled by the general insurance systems, and provides useful information to its customers. Always looking beyond its success, KEIC is making effort to meet the various needs of its customers, while furthering international cooperation and striving to become one of the leading export credit insurance institutions in the world. Because of the system of short term export credit insurance(blanket clause) the export enterprise should confirm the export facts and volume to the insurer. Otherwise there can be insurance fraud, namely the reverse selection. And by the application of the consumer protection regulation in korean commercial law(§ 663) the scale of the export enterprise should be considered. This study concentrates on showing the special character of short term export credit insurance blanket clauses. On the other hand the author has tried to point out how can be applied the consumer protection provision in korean commercial law(§ 663) to export credit blanket insurance. Thereby he has indicated and analysed three supreme court cases.

참고문헌 (17)

  1. 김성태, "보험법강론" (2001), 법문사
  2. 보험경영연구회, "보험과 위험관리" (2000), 문영사
  3. 보험경영연구회, "보험론" (2005), 문영사
  4. 서헌제, "통상문제와 법" (1995), 율곡출판사
  5. 송 용, "우리나라 수출보험에 관한 역사적 고찰", 수출보험학회지, 7(1) (2006)
  6. 수출보험학회, "수출보험의 미래성장동력 연구: 신상품 도입을 중심으로", ~ (2009)
  7. 심의섭, "수출보험의 이해" (2009), 세창출판사
  8. 심의섭, "중국 수출신용보험의 전개와 문제점", 국제금융위험관리, 9(2) (2008)
  9. 유주선, "수출보험계약에서 보험약관의 교부․명시 의무", 국제금융위험관리, 9(2) (2008)
  10. 이기수, "보험․해상법" (2008), 박영사
  11. 정상근, "보험계약법" (2006), 도서출판 좋은땅
  12. 정찬형, "상법강의요론" (2009), 박영사
  13. 조원길, "중소기업을 위한 수출보험 실태분석", 수출보험학회지, 7(1) (2006)
  14. 체벨마, "몽골의 수출보험정책", 국제금융위험관리, 9(3) (2008)
  15. Deutsch, "Das neue Versicherungsvertragsrecht", Aufl., Karlsruhe, 6 (2008)
  16. Rüffer, "ersicherungsvertragsgesetz" (2009), Baden-Baden
  17. Schimikowski, "Versicherungsvertragsrecht", Aufl., München, 2 (2001)

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