多數保險契約 締結事實의 告知？通知義務

Abstract

There are still questionable problems of the duty of disclosure on numerous insurance contracts having the same objects or risks under the commercial code in the Republic of Korea.In the light of the non-life insurance (insurance against loss), the insured should do the duty of disclosure on each contents of insurance contracts (in the case of the double insurance contract) in accordance with the Korea commercial code § 672. However, in the case of the life insurance, there are no specific laws in relation to the duty of disclosure except some provisions which are concerning the duty of disclosure on the change of the crucial parts of the whole insurance contracts.Despite these circumstances, therefore, the insurer are used to using kinds of insurance clauses giving the same effects on the contracts to complement it.In this study, I would like to suggest some solutions which could be the answer for the way of enhancing the system of the duty of disclosure. Specifically, the one is that the fact of making numerous insurance contracts should be considered as crucial parts. And, the other way is in the case of using the insurance clauses including the duty of disclosure in the life insurance contracts, the effectiveness of these clauses should be approved. Additionally, not like the case of non-life insurance contracts, the cancellation of a contract which could be effective under the condition of breaching the duty of disclosure should be somewhat limited.