무역보험계약상 무역보험공사의 면책에 관한 연구

Abstract

This study analyzes exemption from responsibility and liability of insurance proceeds for the trade insurer. Trade insurance is the area of insurance, but the general insurance and there are differences. The trade insurance protects exporters from various risks arising from cross-border trade, and this gives they relieve the anxiety about trade and allows them to concentrate on the steady exports. Because of the specificity of collateral accidents occurring in trade, trade insurance is not applied strictly to the law of large numbers about the decision of premium and measurement of risk observed in the general insurance. Also, the trade insurance is important for policy aspects supporting foreign trade in order to encourage a country to export. In the general insurance case if there is indemnity of intent or gross negligence of a policyholder, the insurer is exempt from liability of insurance proceeds. The trade insurance also does not pay insurance if a policyholder cause insurance incidents on purpose. However, unlike a general insurance the trade insurance occurs exemption-possibility of insurance proceeds payment even if a policyholder is negligence. This point is different from general insurance. By reviewing various practices of the insurer's exemption from responsibility and liabilities arising from trade, it will present clearly the distinction between exemption from responsibility and liabilities.