타인의 생명보험계약에서의 동의요건

Abstract

On the Requirements of Written Consent in Life Insurance on Another Person's Life The commercial code §731(1) provide 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. By this article, Life insurance on another person's life shall not be made by policyholder without written consent of the insured. It means commercial code adopt a consent requirement instead of insurable interest or relative relationship requirement. The writer think that the consent requirement are effective to preventing from the gambling contract and an intentional accident by the policyholder or beneficiary. Meanwhile, the commercial code §732-2(1) provide that in case where an organization effects a life insurance contract in which the whole or part of members are the insured by the agreement, the provisions of article 731 shall not be applicable. In practice, both of the §731(1) and §732-2(1) arouse many questions. The writer reviewed the Supreme court's judgement generated in the last year on the written consent requirement . Especially stirring up dispute is whether the ratification by the insured after conclusion of contract is possible. The Supreme court's judgements were appropriate. The writer take an opposite view that all group insurance contracts must be the contract for account of another person. For the present, that will do the amendment of the Insurance business law §102 and supplement of the Insurance supervisory regulation.