현대 주요국의 보험법 개정동향의 주요내용과 그 시사점

Abstract

In order to cope with fundamental changes in the insurance environment, many countries around the world, such as the United Kingdom, Germany and Japan, have revised or attempted to revise their own insurance contract law. Because of a large scale amendment, we have to examine that thoroughly. But at present time, there is a need to sharpen the focus of the discussion. Accordingly, this paper is mainly on duties of the policy holder and insurer. Especially, this paper addresses on the duty to disclose, the fraudulent insurance claims, the duty to inform and the duty to pay. It is welcome that the conversion from the duty of voluntary disclosure to the duty to answer questions has happened in major countries such as Germany(in 2007), Japan(in 2008) and English. This study tries to do a comparative study on the recent trend of abolishing voluntary disclosure, and substantiate the necessity of abolishing voluntary disclosure, and make some suggestions about the reform of the Korean Commercial Code. Also this paper is to study and analyze the fraudulent insurance claims. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the issue papers of United Kingdom and the insurance law of Japan would be a good model to us, and controversial issues of the issue papers could be a good guidance because the main problems are similar. In Korea, the insurer's duty to pay is provided for by the Commercial code. However where the insurer doesn't pay insurance money to insured unjustifiably, the insured's right is not provided for. Therefore, at this time there is a need to make provisions for protecting the insured.