보험계약자의 의무에 대한 2008년 상법 개정안의 검토

Abstract

At 2008 January 4, the Revised Bill of Commercial Act 2008 on the Insurance Law was proposed, has passed 2 years. The revised bill contained The revised bill was including the contents of the commercial law insurance which it changes on a large scale. According to becoming the insurance powerful country, in order to prepare in the insurance environment which changes it stands. And from 2009 February 4th, Korea was enforced the Capital Market and Financial Investment Business Act. It was made to prepare an opportunity to development of capital and the financial money market. At that time the contents which is proposed with after words is same. ① A reflection of the Insurance Policy for a Healthy and the insurer profit guarantee. ② The insurance contract provision for the protection of the weak person. ③ The Reflection of the insurance industry development and the actuality of change. ④ The complement of the current commercial law. Specially, The Revised Bill put an importance in security of the maximum good intention and the Healthy on the insurance contract. But profits of the beneficiary and the insured were weakened on a large scale. Therefore, this Article is deal with four kind subjects in up ①, such as lower parts are possible, it sees. The second chapter is contained the issues of the insurance contract of the uberima-fides principles. But it is sufficient with the principle of the faith and sincerity in the civil law the second provision. The third chapter is the insurance premium and payment delay of an insurance premium. This subject was not proposed the revised bill. And it is right to do like that. The fourth chapter deal with the effect of obligatory violation on the duty of disclosure, the duty of notice, and so on. It materialized the contents which is indistinct. And it is contained the content on the transfer of insurance objective, the effect of notice obligatory violation on the Claim for compensation of a victim or the third person, the duty of disclosure on making numerous life insurance contract. The necessity of the legislation is recognized. But insurance contract the succession is not suitable and must compose a principle of law different. It must be prudent in about exemption on the responsibility of the claim for insurance money and the cancellation of a contract. The fifth chapter deal with the duty of damage prevention. Only within limit of the insurer own insurance money in order to charge, the work is very disadvantageous in the insured. So as, it is right to maintain a current regulation