보험법상 협정가액에 대한 연구

Abstract

The evaluation of insurable interest is very important in insurance contract. But it is not easy. Disputes are arising from the evaluation. Therefore the insurance contract law allows the evaluation of insurable interest by the contract parties. § 670 korean commercial code and § 76 german insurance contract law(VVG) are the regulations that allow the evaluation of insurable interest. Because of this agreed value, unfair profit occurs sometimes. But it is justified because it is not remarkable difference. The difference between the real value of insurable interest and the agreed value is not noticeable, because the real value of insurable interest is regarded as insurance amount when the difference is remarkable. The prohibition of unfair profit and real loss indemnification are important rule in non-life insurance contract. But it is not regulated in insurance contract law expressly. The german supreme court has decided that 121% difference is not noticeable. It shows that the principle of prohibition of unfair profit should not be applied so strictly. We should also regard this change in germany. Nowadays many countries are making effort to get better insurance contract law. Germany has reformed the insurance contract law thoroughly in 2007. Japan has new, separate insurance contract law since 2008. 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. By the reform discussion in korea we can also consider adopting more detailed regulations about agreed value. By the work the german example(§ 76 VVG) can give us good suggestions.