보험범죄 방지를 위한 형사정책적 연구

Abstract

The research is a thesis suggesting a political proposal to prevent insurance crimes which its frequency has been incrementing over time. In conditions of insurance crimes being diversified and expanded into public insurances, including public health and occupational health and safety, the crimes are serious behavioral commitments that jeopardizes sacrifices of entire social members. Therefore, it aims at obstructing any inappropriate expenditure of insurance leakage to assure financial integrity, and observing statistical material publicized by the Financial Advisory Service and analyzing the increasing causes of insurance crimes through recent cases to decrease the crime occurrences. To accomplish such purposes, the research, first, performs documentary survey on precedent researches relevant to insurance crimes, monitors variables influential to crime rates and diagnoses the causes of the increases in the crimes through crime cases after enaction and introduction of Special Act on Prevention of Insurance Swindle on March 26, 2016 and statistical data - recently uncovered insurance crime examples and their volume, hence sought for effective and situationally appropriate measures that are domestically applicable, via analysis of recent investigations judicial precedents and legalistic considerations for the Special Act and domestic fraud in a term of criminal law, and via comparative researches on factual conditions of and subsequent countermeasures against foreign insurance crimes in advanced states in insurance industry - the United States, the United Kingdom and Germany, et al - thereby, the enaction of the Special Act has not presented a particular decrease in crime rate, but the occurrence of insurance fraud conversely increased. That is, consequently, the newly established Special Act has not been effective. Limitations in operating Special Act enaction to prevent insurance fraud has been noted. Thus, public relations to prevent the fraud must be reinforced. Practically, public media such as newspapers, TV and radio are not effective tools to deliver proper understanding on insurance crimes. Accordingly, guidance to insurance fraud prevention should be charged by institutions in a neutrality position - Insurance Institute - so that awareness which any crime commitment executed after insurance registration would inevitably be disclosed as the insurance history becomes an evidence may be pervaded. Such active guidance activities would raise higher understandability and reliability of the public to insurance policies and largely contribute to prevention of insurance crimes.