보험약관 설명의 대상에 대한 실증적 접근 및 법적 제안

Abstract

Most of the insurance contract is a consumer contract based on the terms and conditions. Insurance Terms and Conditions and content of the goods, the insurer receives determines his level in the market through this. The insurer issued to the policyholder when the terms and conditions to enter into insurance contracts and has an obligation to tell your important content of the terms and conditions. It is called "Duty to Deliver and Specify Standard Insurance Terms", and that the legal obligations stipulated Article 638-3 (1) in the Commercial Act. The reason for imposing the obligation to the insurer is because it is necessary to recognize in detail the different features that each individual insurance products, with respect to the contents of the contract. This is the fundamental purpose to the minimum necessary to obtain information from the insurer's terms and conditions to provide insurance as the policyholder has signed a contract to maintain the equilibrium relationship. However, the judgment of the Supreme Court of Korea on the scope of the insurer's explanation obligation nor to understand their relationship to the state of origin information asymmetries in the process of creating an insurance terms and conditions is considered to be made without consideration for the contractual weakness. In fact, policyholders are not aware of the contents of the terms and conditions are not properly insured without explanation. As a result, indemnify the insurer of the content of the terms and conditions, or a new one that corresponds to the reason for the imposition of liability, and the reasons for imposing the obligations to policyholders or policyholders of the current Korea Supreme Court with respect to the terms of the contents of a disadvantage for Unlike the determination criterion, it is also reasonable that an insurer has to do an explanation.