타인의 생명보험계약에서 피보험자의 동의요건에 관한 연구

Abstract

Consent of the insured in life insurance on another person's life - in the individual insurance and group insurance - According to § 731 (1) of Korea Commercial Code, the policyholder must acquire the insured's authorization before making the insurance contract under which the policyholder differs from the insured. It means that a contract of insurance which assumes the death of a third party as the insurance risk shall require the written consent of the third party at the time of insurance contract is made. The consent requirements are effective to prevent from the gambling contract and an international accident by the policyholder or beneficiary. The Korea Commercial Code adopt a consent requirement instead of insurable interest or relative relationship requirement. Group insurance is welfare system and is useful for the security of outstanding manpower and stable life, causing improvement of productivity. Article 735-3 of commercial law provides the legal basis for contents excluding the insured's written agreement required in the life insurance for account of another person. In the group insurance that a company pay all of the insurance premium, an insure does not need the insured's written agreement because the insured are not likely to fall into moral hazard an abuse it for the purpose of gambling. Most the insured pay or insurance premium in group insurance and insurance beneficiary should not be an insurant but another person like the insured and their heir. In relation with § 731 (1) und § 733-3(1) of Korea Commercial Code the requirement of written consent in life insurance on another person's life arise many questions. This study concentrates on showing the effective methode about the written consent of the insured in individual insurance and group Insurance.