보험사기방지 특별법의 개선방안에 관한 연구

Abstract

The current criminal law, the specific economic enforcement penal law, the commercial law, the civil law, and the insurance business law also stipulate regulations to prevent insurance fraud. As a result of the above laws, it was determined that there is a limit to dealing with highly intelligent and organized insurance fraud, and the Special Act on Insurance Fraud Protection was enacted on March 29, 2016, and became effective on September 30 of the same year. In order to guarantee the effectiveness of insurance fraud measures, the Special Act on Insurance Fraud Prevention, which stipulates matters related to investigation, prevention, and punishment of insurance fraud, it is necessary to improve systematicity by supplementing the weaknesses of related regulations. I would like to consider a few things in this regard. First of all, I would like to examine the necessity of punishment for participation in insurance fraud of insurance related workers. Employees of insurance related businesses are more knowledgeable about insurance business than those of general public, and are often involved in insurance fraud by exploiting the insolvency characteristics of the insurance company and the loopholes in the payment review process. Therefore, it is necessary not only to prescribe administrative sanctions in the insurance business law for insurance fraud involving insurance related workers, but also to establish specific punishment rules in the Special Act on Insurance Fraud Prevention. However, there is scope for controversy as the introduction of additional penalties in the Special Act on Prevention of Insurance Fraud and Administrative Sanctions in the Insurance Business Act of the Insurance Business Act can be double-regulated. Second, we want to examine the need to protect the policyholders related to insurance payments. According to the current Insurance Business Act, if the payment of insurance claims is delayed or rejected in violation of the basic documents, the insurance premiumsCentral District Prosecutors' Criminal Investigation Department (4) is responsible for all economic crimes as a department dedicated to economic crime and lacks systematic and professional expertise in investigating insurance fraud crimes. These government joint insurance crime counterparts are temporary institutions and have no legal basis. Therefore, in order to cope with highly intelligent and organized insurance fraud, I think it is necessary to establish a specialized and organized insurance fraud service organization in the Supreme Prosecutors' Office. In addition, rather than granting investigative rights to the special investigation team of insurance companies, we propose a plan to expand the workforce by establishing a department dedicated to insurance fraud crimes, which has professionalism and systematic nature in the investigation and investigation.