위험변경증가 통지의무 위반에 관한 해석상의 문제와 계약해지권 - 대법원 2011. 7. 28. 선고 2011다23743,23750 판결 -

Abstract

According to the art. 652 of the Korean Commercial Code, when the policyholder or the insured becomes aware of the fact that the possibility of the occurrence of the insured events has been substantially altered or increased during the cover period, he shall give notice thereof to the insurer without delay; If he has neglected to do so, the insurer may terminate the contract within one month after it becomes aware of the fact. And the article 653 provides that when the risks has been substantially altered or increased by intention or gross negligence of the policyholder and etc., the insurer may request an increase in the premium or terminate the contract within one month. General insurance clauses has the similar provisions about the notice of the increase of risks and the termination of contract. Recently, the Supreme Court has decided about the alteration or increase of risks. Especially it is worthy of note in manifesting the starting point of one month, namely, the exclusion period within which the insurer may terminate the contract. After examining and analyzing the provisions about the alteration or increase of risks, this paper will especially review the precedent of the Supreme Court about the starting point of the period. Finally, it will be suggested that the provisions about the alteration or increase of risks will be revised.