고지의무에 대한 입법론적 고찰-보험소비자보호의 관점에서-

Abstract

It is not easy to revise insurance law, as in addition to the specialty of insurance, the interests of insurers and insurance consumers, such as policyholders, the insured, and beneficiaries, are entangled. With restructuring since the crisis of foreign exchange in 1997, the financial health of our insurance industry has been complemented, and even in the scale of insurance, on the basis of an insurance bill, life insurance has ranked second, and non life insurance has ranked eleventh in the world. With a viewpoint that according to this growth, insurance law should follow a global trend in connection with the protection of consumers, without considering advantage and disadvantage to one side, this thesis is intended to review the point of view of insurance consumers, the economic weak, maintaining the perspective according to the basic characteristics of insurance law, such as good faith, and speculation. Especially, insurance law is the relation between businesses and consumers. Also, when insurance is targeted to the masses of a society who are in a weak position in economic strength and professional knowledge, insurance law should somewhat approach insurance consumers as far as it does not hurt its own good faith. From this point of view, as a policyholder is not an expert in insurance, in most cases, he or she doesn't know what is needed in measuring the danger of security. Therefore, on this thesis, how it is for an insurer to indicate that explicitly with a questionnaire is reviewed. Second, a financial planner is one who allures the insurance proposal by having an interview with a policyholder directly, and in judicial precedents, it is considered that he or she can clearly state or explain a provision. So the right of disclosure receipt is legislatively reviewed, considering this realistic aspect. Third, on this thesis, about whether we allow an insurer to use the gene information or not, to protect a policyholder, whether Bioethics and Safety Act shall be directly included in insurance law as well as whether it shall be strengthened itself is reviewed. Lastly, doubting that as a legal effect on the violation of the duty of Disclosure by intention or a gross negligence, admitting a principle of reduction on a gross negligence of an insurer is to lower the function to ensure the balance between the selection of danger of an insurer and the cost of danger, on this thesis, that insurance law is so unfavorable to insurance consumers as the insurer can make the insured surrender an insurance policy by reason of the gross negligence of insurance consumers despite the fact that it is possible for an insurer to take over is reviewed.