보험사고의 초래에 대한 법리연구

Abstract

In insurance contract law the behavior of insured in regard of bringing about insurance accident is very important. When the insured occurred the insurance accident intentionally or the accident are brought about according to gross negligence of the insured the insurer becomes immune from the accident. But the definition of intention and gross negligence should be interpreted strictly. The industry countries are making effort for the reform of finance contract related laws, especially insurance contract law. For example, in germany(2007) and in japan(2008) there was heavy reform in the field of insurance contract law. There is also a sort of competition for the making of better finance related contract law internationally. Other countries, like United Kingdom and australia, are also making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in korean national assembly. To solve the problems we must look at foreign laws. Especially the german insurance contract law(VVG) has influences to korean law because we adopted the continental-european legal system. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. Japan has also new separate insurance law since 6. june 2008. It is effected on 1.4.2010. The german reform issues are follows: reform of definition of insurance contract, the reflection of technical development, the reform of insurance police, duty to give sufficient informations to other party, reform of the duty of disclosure, reform of the definition of insurance interest, the abandonment of all or nothing principle, the duty to give correct model estimation paper. Especially the abandonment of all or nothing principle was very important reform issue in germany. By the discussion there were some opponents. But it is adopted finally. By the discussion whether we adopt it or not, we should also regard special character of insurance contract as contract of utmost good faith when we discuss about the reform of insurance contract law. The insurance contract law is very important for the welfare of citizens. The reform of insurance contract law is also in korea hot issue. We should abandon the all or nothing principle. This study concentrates on showing desirable reform way in regard of bringing about insurance accident to protect the insurance consumer. To solve this problem we should also consider adopting proportional indemnification. The legal stability can be then weakened. But it can be overcomed when we consider and reflect the foreign examples and court cases rationally.