보험계약에서 위험변경·증가 통지의무 및 위험유지의무

Abstract

The conclusion of an insurance contract is based on the agreement between the parties, the insurer and the insured (known as the policyholder). The former guarantees all risks prior to concluding an insurance contract and the latter pays the corresponding premium. However, in cases where the risk of an event or accident insured against noticeably changes or increases during the policy period, it adversely affects the balance of the reciprocal relationship between premiums paid by the insured and claims paid by the insurer. Accordingly, Korea’s Commercial Act provides that the insurer or the insured is obligated to notify any changes or increases in the risk (see Article 652) and that the insurer may terminate the insurance contract or request premium increase in cases where the insured, intentionally or negligently, caused the noticeable change or increase of risk (see Article 653). Under the insurance contract law of Germany with a statutory system identical to that of Korea, the insured’s rights and interests associated with the increase of risk are protected to a certain extent, and concurrently, the insurer’s benefits likely to incur therefrom are ensured. In cases where the insured becomes aware of the increase of risk, regardless of whether it is an objective or subjective risk, he/she has the duty to notify the insurer without delay of such fact. Moreover, if the insured becomes aware of the change of risk, he/she may either choose whether to exercise the right to request premium increase or terminate the insurance contract. The Commercial Act of Korea, stipulating the legal relations in insurance contract law, is inherited from Germany’s insurance contract law which provides more explicit details as to the noticeable increase of risk.