자살에 대한 재해사망보험금 지급에 관한 문제 - 재해사망특약의 면책제한사유 해석 -

Abstract

The insured accident in accidental death special agreement is casualty death based on the element of contingency. Suicide is an intentional act, even though it happens after suicide exemption period. Therefore, suicide cannot be casualty death. The question of interpretation on exemption limit suicide in accidental death special agreement can be considered only after the insured accident, which is casualty accident, takes place. The accidental death special agreement cannot be applied to the suicide, because suicide is not casualty death. The exemption limit suicide in the accidental death special agreement is meaningless contents which has no place to be applied. It was prescribed in the accidental death special agreement by insurance companies' negligence. The claim that accidental death benefit should be paid to the customers under the accidental death special agreement when the insured commits suicide after 2 years from the beginning of insurer's liability has no legal basis. Accidental death benefit cannot be provided to the suicide, because suicide is not casualty death. That claim fails to correspond with the principle of objective interpretation and good faith interpretation of insurance agreements. In addition, the principle of contra proferentem, which can be applied to the case of uncertainty of insurance agreement contents, should be applied only after the other principles for interpretation are actually applied and there is still uncertainty as regarding interpretation. In other words, the principle of contra proferentem is only subsidiary principle. Therefore, the principle of contra proferentem cannot be a basis for payment of accidental death benefit. It is because the exemption limit suicide in the accidental death special agreement can be cleary interpreted by the principle of objective interpretation and good faith interpretation of insurance agreements. In conclusion, accidental death special agreement cannot be applied to the insured's suicide and payment of accidental death benefit is legally impossible.