모집을 위탁한 보험회사의 배상책임에 관한 소고 - 보험업법 제102조의 올바른 개정방향을 중심으로 -

Abstract

Recently, complaints to financial companies have been on the rise, and among them, insurance-related complaints have taken up an overwhelming proportion of all financial institutions. The phenomenon of civil complaints to the insurance companies, which is even deformed, has not occurred in particular in recent years, but has been repeated steadily every year. Complaints regarding insurance companies are occurring mainly in relation to insurance collection. The high number of complaints related to insurance collection means that insurance consumers have a lot of complaints and damage. In order to rescue insurance consumers from damage caused by insurance collection, the Insurance Business Act imposes the responsibility of indemnifying insurance companies' executives, employees, insurance solicitor and insurance agents if they cause damage to policyholders while collecting insurance(Article 102 of the Insurance Business Act). However, the current scope of insurance companies' liability for indemnity is limited to in cases where damage is inflicted on when performing the insurance solicitation. The limited target and scope of the damages are also recognized. So it is rather insufficient to fully relieve the loss of insurance consumers. And recently, a measure has been actively discussed to effectively relieve damage to insurance consumers by imposing direct liability for damages on general agency. In this thesis, I will review the compensation liability system of insurance companies indemnity liability of insurance company entrusting insurance solicitation as stated in the current insurance business act and suggest problems and improvement measures. Especially, I propose a plan to grant primary liability for damages of large insurance agency and extend the scope and object of claim.