정보비대칭하에서의 보험자의 정보제공의무

Abstract

Owing to informational asymmetry between consumers and insurers,insurance consumers must understand insurance products mainly dependent on insurer's explanation. So when the insurers sells insurance products, it is very important that the sufficient information should be provided to the policyholder. Following the global tendencies that have strengthened the insurer's information duty, Korean assembly revised Insurance Business Law, and introduced the suitability rule and explanation duty. This paper aims at researching insurer's information duty under the Commercial Act, Regulation of Standardized Contracts Act, Insurance Business Law, and Financial Consumer Protection Act Bill. And it proposes following suggestions. First, there are many confusions to regulate insurer's information duty due to triplicate Acts on the explanation duty. And so it is desirable that insurer's information duty should be arranged according to each Act's nature. Second, to remove the difficulties in constructing, applying the in formation duty on the Financial Consumer Protection Act Bill, the task force which is composed of Ministry of Justice, Fair Trade Commission,Financial Services Commission. Third, the insurer would produce various documents such as suitability report, Statement of demands and needs, explanation confirming document, etc. An so Financial Services Commission is needed that every insurer should prepare internal control provisions on the producing, keeping the documents.