보험자의 정보제공의무 도입방안에 관한 연구

Abstract

In insurance contract law it is very important that the insured has to get sufficient information from insurer. Nowadays the insurance contract is very complicated. Therefore it is not easy to understand the contract concretely. Disputes are arising from the fact whether the insurer has offered sufficient information to insured. Therefore the insurance contract law should burden the insurer to offer sufficient information to insured. Nowadays many countries are making effort to get better insurance contract law. Germany has reformed the insurance contract law thoroughly in 2007. Japan has new, separate insurance contract law since 2008. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. § 638-3 korean commercial code regulates the duty of insurer to explain the insurance contract clauses. But it is not sufficient. In that regulation there is no content about the effect of non-explanation. And § 7 german insurance contract law(VVG) are the regulations that burden the insurer to offer sufficient information to insured by the process of making contract. When the insurer violates this regulation, the insured can cancel the contract in 14 days. It has more detailed contents as korean commercial code. For instance it is not regulated in korean commercial code expressly, then the insurer offer information and which informations should be delivered to insured. The german change in regard of offering informations to insured is key point of the reform of the year 2007. We should also regard this change in germany. The reform discussion about korean insurance contract law is being done in korean national assembly. The ministry of justice has also established a reform commission in the part of insurance contract law. By the reform discussion in korea we can also consider adopting more detailed regulations about agreed value. By the work the german example(§ 7 VVG) can give us good suggestions.