생명보험에서 자살면책에 관한 연구

Abstract

Life insurance contract terms provide that when the insured suicidesbeyond the free decision due to mental defection etc, the life insurer mustpay the insured money. Perhaps the chief reason why even if the suicidedefects the fortuity, the life insurer is liable for the beneficiary is theprotection of the surviving family. Life insurance practices in the mostcountries limitedly insure against the insured’s suicide similarly to Korean lifeinsurance. Recently Korean society worries about the rapid increase of the suicide,Korean suicide rate has marked the top among OECD countries. Koreangovernment has struggled to lessen the numbers of the suicide. These days Korean Insurance Research Institute has issued the researchingresult on “How the excluding period’s clause under the life insuranceimpacts on the suicide.” It concluded that the suicide rate has rapidlyincreased after the lapse of excluded period(2 years) under the life insurancecontract terms. It explains that the insureds are inclined to commit a suicideafter 2 years beginning from the concluding date of insurance contract inorder to leave insured money for surviving family. It has been widely heard that Financial Services Commission hasinternallydecided that it would prolong the excluded period from 2 years tolonger time at least. This paper aims at comparatively studying the excluded period of thesuicide, and suggesting the reform measures. The concrete suggestions are as follows. First, a plan that the scope of the suicide should be fixed to exclude thesuicide during the excluded time regardless of conscious or unconscioussuicide, can be reviewed. Second, the excluded time can be extended from current 2 years to 3years,Third, it can be researched that the suicide should be excluded all thetime. Fourth, the Korean Insurance Contract Law can be revised to explicitlyprovide the scope of the suicide. Fifth, it can be suggested that life insurance industries are able to choosethe protection scope of the suicide.