자유로운 의사결정을 할 수 없는 상태에서의 사망에 관한 생명보험 및 상해보험 판례의 동향

Abstract

In this article it analyzes the trends on the precedents related to the insane suicide on the life insurance and accident insurance policy. First, in life insurance the court has broadly interpreted the scope of insanity and had the insurer pay insurance money to beneficiary of insurances. It seems to attach much importance to the protection of the families of the insured. Then by social situation such as high suicide rates, criticism on the these precedents has been raised strongly. It is said that court have to interpret the scope of insanity limitedly placing emphasis on insurance principle than the protection of the families of the insured. Accordingly, the court has been changed to the trends to interpret the scope of insanity limitedly. Second, until April 1, 2010, the insanity was specified as the cause of exemption in the accident insurance policy. Until recently this cause of exemption has been dealed with invalidity. But in June, 2015 supreme court decided this cause of exemption is valid and further applied this cause of exemption on the case directly. It is persuasive to some degree that court interprets the scope of insanity limitedly by social situation such as high suicide rates. But there has been no cases to apply this cause of exemption on the case directly in the accident insurance. This cause of exemption has widely been known to be a dead clause until recently. I think supreme court has been affected excessively by social situation such as high suicide rates. So it is necessary to correct these precedents.