상법총칙·상행위·보험편 관련 2020년 대법원 주요 판례 회고

Abstract

This thesis reviews the general rules of the Commercial Law, commercial acts, and the Supreme Court precedents related to insurance that have been provided to us throughout the year 2020, and presents and briefly evaluates the issues. In the field of general rules of the Commercial Law, issues of ‘unfair dismissal’ and 'continuous use of the transferor's name of the business transferee' have appeared and as for the judgment on commercial conduct, it was questioned whether the Land Corporation's purchase of land was a commercial activity. The Supreme Court judgments related to insurance contracts were counted as fifteen, and legal disputes between policy holders and insurers occurred in various areas such as life insurance and non-life insurance. Cases related to insurance contracts are literally flooding legal disputes. Indeed, it is a state of social interest in various areas and various points of view according to the Supreme Court's decision. Some of the meanings are as follows. First, it is a case in which many of the life insurance areas related to insurance claims are emerging. In particular, the legal principles such as written consent problems ingroup insurance and the right to designate and change the beneficiary of insurance policyholders have little influence on society. Second, there were also three cases related to auto insurance. It corresponds to a judgment with implications such as the issue of the priority of insurance payments or the issue of the validity or invalidity of the disclaimer. Personal Compensation II Terms and Conditions Exemption is a continuing issue, and this raises the need to discuss revisions to the terms and conditions. Third, the issue of the insurer’s right to terminate is also an interesting ruling. With our commercial law only acknowledging the right of the insurer to terminate the court, the Supreme Court has recognized the right of the insurer to terminate the insurer for a certain reason and it might be possible that the discussion of the insurer’s termination rights may expand.