團體保險契約의 法的性質과 被保險者의 同意

Abstract

The Legal Nature of Group Insurance Contract and The Consent of The Insured Kim, Moon-Jae Group life insurance is that form of life insurance covering all or a part of employees with or without medical examination, written under a policy issued to the employer, the premium on which is to be paid by the employer or by the employer and employees jointly. And the amounts insured that is based upon some plan which will preclude individual selection, is the fund for the benefit of persons other than the employer. Therefore the group insurance contract has originally a legal nature that is the life insurance for the benefit of a third party. But Supreme Court of Korea in this case judged that the group insurance contract could be concluded for the insurance policyholder. Such judgement bases upon the article 735-3 of Korean Commercial Code, because that article doesn't prescribed who is the beneficiary of the amount insured, and prescribed exclusion of the written consent of the insured in the case that group insurance contract is concluded by the collective labour agreement. As a result, the employer designates his ownself as the beneficiary of the amount insured, and the employee has not a right about the amount. But this interpretation has a various problems. Therefore, this paper has a purpose to propose that article 735-3 must be amended to the way that employees are the beneficiary of the amount insured in the group insurance contract.