보험약관의 교부·설명의무위반과 그 효과의 문제

Abstract

The Insurance Contract Law of korean Commercial Code has been revised in 1991. Commercial Code §638 is the article of insurance contract between the insurer and the insurant, there are several problems about §638-3(the policy delivery and explain) in case and practical system. The korean Commercial Law which is a general law on insurance contract is different one from the Regulation Law §3 on exceptional provisions and effective ones. The contract has been applied with the case in the practical business, The effect of the Regulation Law and Insurance Law Infringement is different by the case in the court. The Commercial Law codified that insurer should deliver the insurance policy and explain the important fact of the provisions to the insurant in korean Commercial Code §638-3 ①·②. The insurant could cancel the insurance contract within a month to infringement. However, the Regulation Law §3④ stipulates that couldn't insist on the contract in this case in Korea. The questions are followings. ① the insurance policy delivery and explain, ② the term of the insurant's(insured) canceling the contract within a month, ③ the legal questions unless the insurant cancels the contract and ④ basic regulations of exemption by the case. The title of korean Commercial Law §638 clears on proper regulations in 'deliver and explain' and the initial date in reckoning of canceling the contract must be revised ‘the date of receipt of insurance policy' and further the contract followed the policy unless the insurant cancel the contract. Moreover, the basis of exemption requires to codify on Commercial Law in conformed with the case and the practical business in advance. In relation to this, the Revised Draft in Commercial Law has been arranged in 2008, but 'explain important fact' and 'expansion of cancel term' §638-3①② have been amended only. I think that the contract law of Commercial Code requires to be revised on taking the insurer's and insurant's interest into account, and in conformed with the cases and practical business of insurance in the future.