보험계약법 개정의 성과와 과제

Abstract

The insurance section of the Commercial Act was enacted in 1962 and implemented in 1963. Meanwhile, IT technology has developed rapidly, and changes in the social environment surrounding insurance are also progressing rapidly. In particular, the problems of low birth rate and aging population are emerging seriously. Interest rates also have a significant impact on insurance, and recently, high interest rates have continued. Although the insurance section of the Commercial Act has been revised several times, there are still many areas that need to be revised and supplemented compared to the insurance laws of major countries. Insurance consumer protection does not occur automatically. Only when the legal system is organized will insurance consumer protection be achieved. In the meantime, the legal system for consumer protection has been significantly strengthened through revisions to the Commercial Act. In addition, as a result of the problem of consistency between laws, a considerable amount of time has passed since the Financial Consumer Protection Act, a special law, was implemented. However, when considering the development of science and technology and changes in the times, some gaps in consumer protection still exist among the commercial law insurance convenience regulations. Although precedents are partially making up for such deficiencies, they are lukewarm and, in terms of legal stability, it is necessary to further revise the contents of the commercial law insurance provisions to make them more modern. Major countries such as Germany, Japan, and the United Kingdom have been extensively reforming their insurance contract laws over the past 15 years or so. The content that these countries focused on and revised at the time is something that we also need to refer to. In the future, when revising the insurance section of our commercial law or making the same into a separate law, legislative efforts are needed to refer to the revisions of major countries and reflect them in a way that suits our circumstances. As times change rapidly, such as the development of science and technology and the worsening of low birth rate and aging phenomenon, insurance companies must make efforts to develop original products that fit the new environment and meet the needs of the people. In line with the advancement of medical technology, there is a continuous need for the development of new products that complement the shortcomings or shortcomings of existing products. In addition, it is necessary to modernize the contents of the Insurance Contract Act in line with changes in the new era. At this time, it is necessary to manualize the notification obligation, strengthen the provision of information, establish new regulations for adjusting benefits and insurance premiums, and introduce a right to intervention system.