독일 보험법상 생명보험 해약환급금에 대한 연구

Abstract

In germany(2007) there was heavy reform in the field of insurance contract law. It was effected on 1. jan. 2008. Because of his financial situation the insured can surrender the life insurance contract. But the refund is too small that he can not achieve his intention. By the reform of the year 2007 germany has enacted some regulations about guaranteeing minimum refund value and distributing making contract cost into 5 years. This is accepted by scholars as rational. The reform was motivated by german constitutional court. The insured should be protected by the process of early surrender. 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. We should regard this special character of insurance contract when we discuss about the reform of insurance contract law. There is a sort of competition in the field of law making. Especially in the field of corporations, economy and insurance the better enactment is also a sign of national competition power. By the reform discussion in korea we can also consider adopting some regulations about distributing making contract cost into 5 years. This study concentrates on showing the profits and the merit points of german insurance law. In regard to refund value korean commercial law offers not efficient contents. In korea the insured should also be protected by early surrender. Therefore the author has tried to pick out some merit points from german reform contents and give enactment suggestions to korea.