2022년 보험법 중요 판례 분석

Abstract

In the field of insurance law, many precedents continue to emerge, and in particular, an important judgment in the field of insurance law was declared in 2022. Judicial precedents are also a mirror through which we can grasp the issues and problems of the society. The insurance system operated in order for the people to be guaranteed through private insurance in preparation for various risks has the characteristics of a speculative contract and a bona fide contract. In addition, many disputes are inevitable due to the nature of the system, such as stipulating various reasons for exemption in insurance terms and conditions. Case law has been an important milestone in the field of insurance so far, including the invalidity of ineffective contracts, the relationship between the obligation to explain insurance contracts under Article 638-3 of the Commercial Act and Article 3, Paragraph 4 of the Act on Regulation of Standard Contract Terms, and the scope of application in the case of exemption from driving without a license. , Intentional exemption of personal insurance, drunk driving, driving without a license, death insurance of others and the effect of lack of consent by the insured, designation and change of insurance beneficiary, requirements for opposition, and unilateral acts without the other party. In various insurance precedents sentenced in 2022, the scope of recognition of subrogation by the insurer, measures to prevent leakage and damage prevention obligations, and the problem of applicability of costs, insurance for the purpose of illegal acquisition of insurance money and Article 103 of the Civil Act, contract invalidity, and aftereffects Issues such as the relationship between the insurance money and the death insurance money, the leakage of the loss insurance money, and the recognition of the subrogation of the right to claim became issues. In these precedents, some rationality and validity are acknowledged. However, in some judgments, there are also disappointing parts. In particular, it is very problematic that the insurer’s subrogation of claim rights is not allowed for voluntary non-payment of indemnity insurance. Reconsideration is required in terms of economics of litigation or reasonable resolution of disputes. Through critical examination of precedents, it is necessary to continue to play the role of a milestone in setting the future direction of precedents in the insurance field.