신규 보험판매채널에 대한 고지수령권 인정 여부와 법적 쟁점 - 인공지능(AI) 보험설계사와 보험판매전문회사를 중심으로 -

Abstract

The insurance industry has undergone many changes due to the era of the 4th industrial revolution, which interconnects our digital and real worlds. Advances in big data have cleared the path for insurers to acquire the material information of the insured. New methods of collecting information about individual customers cause a need to reevaluate responsibilities and rights of both parties. In the current industry, the manufacturing and sales of insurance products is separate; the insurance company is in charge of the manufacturing of insurance products, and sales companies were established exclusively for the sale of insurance products. New types of sales channels such as Artificial Intelligence (AI) insurance solicitors have emerged. In April of 2021, Hanwha Life Financial Services, an insurance product sales company made by Hanwha Life Insurance company, launched, and immediately took the first place in the GA agency rankings. In general, large insurance agencies have larger capital and number of solicitors than small and medium-sized insurance companies. Therefore, it is necessary to emphasize responsibility at scale. According to Article 45 of the Financial Consumer Protection Act, it is not reasonable for an insurance company that entrusts sales to large general agencies, which are larger than small and medium-sized insurance companies, to assume primary responsibility for consumer damage caused by insurance sales. Through the amendment of the Act, major insurance agencies, which are classified as having 500 or more affiliated insurance solicitors, insurance companies specializing in insurance product sales such as Hanwha life financial services, and subsidiary-type insurance agencies are required to assume primary responsibility prior to the insurance company entrusting insurance sales. It is needed the size of the institution should make it possible to impose responsibilities that are reasonable. With the advent of the 4th industrial revolution, AI insurance solicitors are being introduced in addition to traditional insurance solicitors. It is necessary to revise the Insurance Business Act to allow to sale insurance products by solicits. It is necessary to grant the right to receive the duty of disclosure to exclusive insurance solicitors directly or indirectly under the influence of insurance companies, such as sales training from insurance companies and ethics training to prevent incomplete sales. It is necessary to protect insurance consumers who are trusted with the insurance company’s agent by granting the right to receive the duty of disclosure to the insurance solicitor in charge of explaining insurance products to the subject working as an insurance company’s exclusive solicitor.