보험사기의 규제체계와 개선방안

Abstract

The insurance system is based on the statistics in advance so that people who are in the same kind of risk will be able to collect a certain amount of funds and prepare joint reserves. Then, when the accident happens accidentally, It has a positive aspect to spread the risk burden. However, if attempts to gain benefits by exploiting these insurance schemes become more frequent and fail to respond effectively, the insurance system loses its function and causes economic insecurity in the society, resulting in a premium increase for good policyholders. In other words, the damage caused by insurance fraud is not limited to the insurance company, but it affects many good insurance contractors. Therefore, various measures are being discussed to protect the pure function of insurance system by appropriately responding to insurance fraud. Currently, insurance fraud prevention laws exist, but most insurance fraud is dealt with as a criminal offense under the penal code, most of which are punished for being suspended or fined after agreement with the insurer. In addition to the above criminal law, measures such as the enactment of a special law have been proposed in order to collectively regulate insurance fraud that is scattered including individual laws such as the Insurance Business Law. In this paper, after analyzing the concept of insurance fraud, we tried to examine related legal problems through the criminal approach to insurance fraud, which is a kind of fraud, and countermeasures against insurance fraud. In addition, as another countermeasure other than the criminal law, after passing through the National Assembly on March 03, 2016, the contents of the Special Act on the Prevention of Insurance Fraud, and the problems and limitations thereof, We want to establish institutional improvement direction.