보험료감액청구권에 관한 고찰 - 상법 제647조 개정안을 중심으로 -

Abstract

Premiums are determined by the mathematical and statistical techniques to reflect the risks. The sum of premiums paid by the risk group and the total amount of insurance paid by the insurer shall be equivalent in accordance with the principle of compensating benefits and the principle of equivalence. But, After the contract has been concluded, if the alteration or decrease of risks happen, the balance between the premium and magnitude of risk is upset. The Commercial Law stipulates that if there is a alteration in the risk, the premium change can be claimed. However, it is only possible if the party to the insurance contract determines the amount of the insurance premium in anticipation of the special risk, the policyholder may request the reduction of the insurance premium after the expected risk of the insurance expires. Recently, the 20th National Assembly initiated a new amendment on the right to claim for premium reduction. The amendment extends not only to the disappearance of specific risks but also to the reduction of risks. In this paper, I will especially review about decrease of risk and §647 of the Commercial Law revisions.