질병보험의 경우 대기기간에 대한 연구

Abstract

Nowadays, it is one hundred years living times. People want to live long without disease. But in reality, there are many kinds of diseases. Cancer is for example the most important and serious disease that threatens people’s life. In modern times, the suicide is also important cause of death in korea. In disease insurance, there are waiting periods in most standard contract terms of insurance. The waiting period is regularly 3 months for cancer. Through the waiting period the insurer is going to avoid subjective risk(moral hazard). The waiting period has also the function of eliminating such a disease that is medically already occurred but not recognized. It makes up for the duty of disclosure. Furthermore it promotes the legal stability through predictability. In korea there are no regulations about waiting period of disease insurance in commercial code(namely, insurance contract law). The german insurance contract law(VVG) is accepted as exemplary law in the field of insurance contract law. It was reformed in the year of 2007 significantly. In german insurance contract law there is a regulation on waiting period of disease insurance(§ 197 VVG). The korean supreme court has decided that the insurer should explain waiting period clause because it deviates from the legal regulation of § 656 korean commercial code. According to § 656 korean commercial code, the beginning time of the insurance liability of insurer is the time of first payment of premium. In korea, putting a regulation about waiting period in commercial code is needed. The ideal location would be § 739-3 Korean Commercial Code.