자살 관련 그간의 법적 쟁점의 정리 및 자살에 대한 보험법적 대응 방안

Abstract

According to the standard terms and conditions of life insurance, self-death behavior is distinguished between intentional self-death, that is, suicide and self-death behavior in a state of mental and physical loss. The former is exempted if it occurs within two years, and general death insurance is paid if it occurs after two years, the latter is subject to disaster death insurance, and the insurer’s responsibility can be guaranteed immediately from the start of the insurance period. Since the insurance coverage method is different by distinguishing suicide from intentional suicide under the state of mental and physical loss, almost the majority of accidents that cause death by themselves are subject to dispute. Korea is notorious as a country with a high suicide rate, which is causing considerable costs at the national level. From this point of view, it is desirable to eliminate the system that induces suicide as much as possible. The insurance system provides a means of guaranteeing risk and helps maintain economic life by compensating those who suffered economic damage from unexpected accidents. In the case of suicide, it is reasonable to provide some coverage in the insurance system as an event that causes losses to the bereaved family or family economy. However, it is opposed to the insurance system encouraging suicide or taking a friendly attitude, which is a pathological phenomenon in society. Therefore, it is reasonable to accept suicide as an accident that can be guaranteed by life insurance, but to define it as a loss to indemnify suicide, but to allow the agreement between the insurance company and the policyholder to be secured and the period of commencement of liability. In addition, in the case where the insured himself chooses and executes death, there is no reason to protect the latter thickly by distinguishing it, whether it was intentional or caused by physical and psychological disorders. However, strict countermeasures are needed for antisocial acts in which the guarantee of suicide is abused. Therefore, it is necessary to stipulate that suicide for the purpose of acquiring insurance money against the beneficiary is exempted in any case.