보험약관의 설명의무에 관한 비판적 연구

Abstract

Recently, as Financial Consumer Protection Act was enacted, various insurance consumer protection systems such as the obligation to provide information have been improved. Motivated by this, ⑴ in this paper, first, an overview of the obligation to explain the policy(terms and condition) is reviewed. ⑵ And further this paper focuses on Supreme Court precedents on the violation of the Obligation to explain the policy and the direction of consumer protection. The Supreme Court has stated that the insured(policyholder) cannot assert the relevant clause on the policy that are not explained as the content of insurance contract regarding the violation effect of the explanation of the policy. This view not only goes against the risk group nature of insurance, but also has the basic problem of shifting the liability of the insurer to other policyholders within the risk group. ⑶ In the view of the Supreme Court, the problem of interpretation of policy and the problem of violation of the obligation to explain the policy are not clearly distinguished and mixed together, and there is a problem in that important matters that are the subject of the obligation to explain the terms are not clearly explained. ⑷ In order to overcome these problems, this paper proposes the protection of policyholders in two directions. In other words, in this paper, in order to secure the fairness of the insurance policy and the insurance contract, I am looking for methods regarding the liability of the insurer who violates the duty to explain the contract. In conclusion, the problem of the contract itself is solved through the interpretation theory of the contract or the means of controlling the effect, and if the insurer violates the obligation to explain the contract, it is suggested that the problem should be resolved with the liability for damages rather than the liability for insurance benefits.