보험금을 부정취득하기 위한 목적으로 다수 체결된 보험계약의 반사회질서 해당성- 대법원 2021. 7. 22. 선고 2019다277812 전원합의체 판결 -

Abstract

In the judgment(Supreme Court 2021. 7. 22. 2019Da277812), the prescription period for the insurer’s right to return the insurance money to the recipient is five years if an insurance contract is signed for the purpose of fraudulent acquisition of insurance money. In this article, the validity of signing multiple insurance contracts for the purpose of illegally acquiring insurance money, which is the basis for judging the previous agreement, was reviewed. In accordance with the principle of freedom of contract, the parties are free to enter into a contract. However, insurance contracts have special gambling properties that are different from civil law contracts. If more than a certain number of insurance contracts are accumulated, the purpose of illegal acquisition of insurance money may be questioned on the premise that the insurer cannot take over the policyholder even if it is not legally prohibited to conclude multiple insurance contracts for the same accident. However, in this case, of course, it does not constitute the illegality of motivation, and it should be examined whether it can constitute the illegality of motivation under civil law. However, it is common practice and precedent to individually determine whether the conclusion of multiple insurance contracts in the case is indicated or known for violating Article 103 Code Civil on the basis of illegality. The purpose of illegally acquiring insurance money by signing several insurance contracts can be recognized as objective indirect facts. However, the recognition of such indirect facts should be recognized as an exception only to policyholders who actively enter into contracts that are not prohibited for their own benefit. In particular, even if there is no insurance accident on the premise of the occurrence of a crime, the circumstances such as false hospitalization should be proven as in the above case. Even if there were circumstances that appeared to be over-treatment, it is not reasonable to invalidate the insurance contract in violation of Article 103 Code Civil regardless of the case of a loss insurance accident diagnosed by a doctor.