손해방지의무와 손해방지비용에 관한 소론

Abstract

Obligation to prevent damage means the obligations of that policyholder or the insured strive for the prevention and mitigation of damages when the insurance accident occurred, and costs to avoid damages means the costs of that spending necessary and beneficial to prevent the occurrence and expansion of additional damages and mitigate damages. Our current 「Commercial Code」 Article 680 has been recognized obligations of that to prevent the spread of the damages or relief of the damages to policyholder or the insured, and has been recognized the liability to the insurer even if the sum of expenditure costs and compensation exceed the insurance amount. But these regulations did not prescribe explicitly the scope of the obligation to prevent damage and the effect of violation of the duty, and may be interpreted adversely to insurers because these regulations has been prescribe that insurer to be responsible regardless of whether the insurer's instructions. For this reason, the Department of Justice submitted the 2007 revised bill of insurance side of the 「Commercial Code」 to 17th National Assembly, but it was disposed due to term expires. Since then, the government submitted 「Commercial Code」 revised legislation to modify and supplement 「Commercial Code」 insurance side of existing, but these amendment has been deleted revised bill of the 「Commercial Code」 Article 680. But practical necessity to revised these regulations more clearly is critical. Moreover, the amendment of this provision was favored because the German Insurance Contract Act of 2009 was amended. For that reason, it has been giving considerable regret that revised bill of the 「Commercial Code」 Article 680 was deleted. Therefore, I would like to present desirable revised legislative measures after reviewing the issues of interpretation can be raised from the current 「Commercial Code」 Article 680 and look more the related statutes around the world on obligation and costs to prevent damage in this paper.