告知義務違反과 保險詐欺

Abstract

This article is a study of incidents of disclosure obligation and insurance fraud. A number of cases similar to this one are contested in the courts and the like, and elaborate research on related issues and consensus based on these studies are needed. In the case of breach of obligation, insurers are inclined to rate insurance fraud, and there are even worries that insurance consumers may be subject to criminal punishment for violating disclosure obligation. Therefore, the issue of how much a breach of obligation can relate to a fraud as an offense is important. More precisely, whether the parties can actively divulge the case of applying for insurance under the intention to notify the insurance company and the case where the insurer is insisting due to the solicitation of the insurer, You should also look at whether the fact that you could take action and filter it, but did not take such action, affect the nature of the fraud. The deceit of disclosure obligation and fraud are completely separate. Intentional deliberation, which is a subjective requirement for breach of disclosure obligation, may include deceit, but is a fairly broad concept that distinguishes it. In addition, it is not easy to recognize the direct causal relationship between the disposal behavior and the breach of disclosure obligation, even if there is a breach of the obligation to obliterate, since the accident must occur indiscriminately. The criminal law is a prohibition norm for punishment, and as it is recognized that it should be tolerated only as a last resort in the light of the severity of punishment, the criminal law should be complementary in principle of private autonomy. It is quite natural to put fraudulent criminals abusing insurance to the strictest degree, but it is a big threat to the policy contractor or the consumer to generalize it as a criminal matter if the violation of the dis obligation arises.