타보험계약 통지의무위반시 효과에 관한 연구 - 상법 개정안 중심으로 -

Abstract

The revised version of Commercial law allows insurer to cancel the insurance contract during the exclusion period with new article 672-2 (policyholder’s obligation to report more than two insurance contracts) in case that policyholder, insured and others violate their obligation to report the other insurance contracts. The revised version as above is a newly added law clause which reflects the precedents and the development of insurance industry sustained by the socio-economic growth, thus clarifying the article concerning the effect on the violation of the policyholder’s obligation to report other insurance contract, which is considered as an incomplete legal article. It also can materialize the principle of indemnity serving as the fundamentals of insurance system by stipulating the rule on obligation to report the other insurance contract , and can prevent the moral risk among the insurance contract parties in advance. However, the Article 672-2 of the revised Commercial law has the following problems; Firstly, the revised version on the “obligation to report other insurance contract” is the rule that does not take into account the insurance consumer in a relatively weaker position in the society, and thus it is seen as revision favorable to insurer. Secondly, the application of this revised version is not specified clearly. Given that the purpose of stipulating the right to cancel the insurance contract at the time of violation of the obligation to report the other insurance contract lies in both stating specifically the rule on the effect of violation of the obligation to report the other insurance contract and preventing the unlawful gains associated with fraudulent insurance contract, I find it very necessary to clearly state the scope to apply the cancellation rights. In the thesis I found out the trend of the theory and precedents on the “obligation to report the other insurance contract” , and then reviewed the purpose of revising the current Commercial Law and its problems by comparing and analyzing the article of the current Commercial law and its revised version based on the findings, conclusively presenting the modified suggestion on the problems identified.