보험자의 최대선의의무에 관한 고찰

Abstract

This paper deal with doctrine of Insurer's Utmost Good Faith. a contract of insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract amy be avoided by the either party. But utmost good faith doctrine in English Law is the notion of the Anglo-American legal system witch greatly differs from Korean one. And this article writes that the utmost good faith doctrine is similar to the doctrine of the trust and good faith which is provided in the Korean Civil Law art 2. In writer's view, under the Korean law, the insurer's duty of disclosure ti the insured is admitted with the rule of good faith and clause of fraud exclusion in the Korean Civil Code. In this regard, the legal effect of the violation of the said provisions will be a breach of contract or tort law, and one who has suffered damages from the non-disclose may request compensation from the insurer. The Korean Supreme Court considers the insurer's liability under Article 102 to be a strict liability, and broadly applies the Article to various situations. Because Article 102 of the Korean Insurance Business Act is unique, the UK law does not have that kind of provision in their legislation. Under the Korean law, the insured who has suffered damages from non-disclose of the insurer may be compensated for is losses with the application of Article 102 to some extents, Article 102 of the Korean Insurance Business Act.