보험사기죄 신설에 관한 고찰

Abstract

Insurance protects individuals from causing economic risks of future risk. It has a positive role and function that can maintain a stable life. Therefore, with respect to the insurance have been increasing 'insurance fraud' can be established and sustained claims that the "insurance fraud". Legislation is pending in the National Assembly. Therefore, look at the insurance fraud provisions relating to the Status of 'insurance fraud' and to investigate the problem and the effectiveness of the legislation. First, the legislation a type of insurance fraud in general and fraud need to examine how to strengthen itneu. Insurance fraud is one of the types of fraud that are applied to a variety of criminal fraud. Furthermore, the current insurance is called insurance banking, insurance industry, and involve huge financial resources. This is considered to be contrary to the legal balance and fairness fetches a significant imbalance by more than thickening protection of the general public fraud victim, the victim's insurance company of insurance fraud in the protection of victims. In addition, the current Criminal Code, special criminal laws on specific crimes, commercial law, civil law, insurance regulation law including the provisions of the Insurance Business Act is codified in order to prevent insurance fraud to the insurer, been a number of cases that accumulate over. The insurer may punish fraud in various ways through the existing regulations. In addition, as wehave seen from the International ipbeoprye a world center of all UK insurance it does not define 'insurance fraud'. Therefore, the provisions of the current law, not only the center of the new penalties for insurance fraud in insurance fraud, it is necessary to find ways to reduce the introduction of professional insurance fraud prevention system on. Second, the insurance company delays payment of insurance and refusal of the insurer's insurance claimant has increased. This insurance fraud explores issues such as rejection and insurance payments delayed after implementation. The insurer if there is agreement period with respect to payment of insurance amount, establish the insurance amount to be paid immediately after receiving the first 657 Paragraph (1) notice if there is no contract period to the period that set forth the insured person or within 10 days Insurance payments to beneficiaries and the amount of the insurance principle (Commercial law 658 article). However, insurance companies do not pay the insurance payment due date, and an increase in cases postponing the claims. Therefore insurance complaints and complaints from consumers relating to payments may worsen the revenue of the future had a significant impact on each other with a property value of the insurance company, if you have legitimate claims claimant due to 'insurance fraud' claim for insurance If you leave the insurance fraud charges in the payment delayed through the investigation and examination of the line will cause the victim to further increase. Further claims are likely to go just to drive the claimant as a potential insurance scammers rich and leads between the insurer and the legitimate claimant to the serious social insurance loss costs, unnecessary litigation abuse and think.