무역보험에서 발생하는 법적 문제 - 채권회수 및 하자담보책임을 중심으로 -

Abstract

Insurance ist a system to remove the instabilities of economic life in order to pay insurance money and to satisfy property demands arising from various accidents. Korea Commercial Code(KCC) deals with the legal relation of private contract between the insured and the insurer, but export insurance has a characteristics of governmental policy insurance. The export insurance is a government policy insurance as well as enterprise insurance, which aims to make a contribution to finally national economy to promote export through guarantee the loss arisen in foreign transactions. In this aspect, insurer subrogation has a difference between the export insurance act and the Korea commercial code. Export insurance applies and uses, sometimes excludes or changes the provisions of the Korea commercial code which applies to household insurance. Subrogation means the right of the insurer to any remedies the assured may have against third parties wholly or partly responsible for the loss in respect of which a claim has been paid. Insurer subrogation is applied to all kinds of non life insurance including export insurance. Insurer subrogation has the role to prevent the insured from double compensations. If there is a insurance accident in relation with export insurance, first export insurance code is applied, and then provisons of the KCC. § 69 KCC directs au buyer to whom goods have been delivered examine them or cause them to be examined and the examinations must occur with as short a period as is practicable in the circumstances. § 69 KCC is applied to a buyer who claims in the part of export insurance.