보험료불가분의 원칙에 관한 소고

Abstract

Principle of indivisible premium is that insurer can be claimed for premiums for the entire period, because the risk in premium term is an integral and the premium in premium term is an integral. However, It is considered that insurance claims of insurer can not be recognized for the risk period that insurers do not actually bear, because premium is opposition benefits for the insurer's risk. The revised German Insurance Contract Law in 2007 has been denied this principle by regulations that insurer may exercise the right to the equivalent premium to the risk, there is no direct regulation in our 「Commercial Code」 and it makes sense to deny this principle when you try to interpret 「Commercial Code」 article 649. The problem is calculating the percentage of premium returns. Recently, The supreme court was called to determine to return not calculated premiums by the number of days of based on the at the time of contract termination but corresponding to the premiums in part of a risk-free in reality. However, There remains the need for legislation because this is determined based on the interpretation of 「Commercial Code」. Therefore, I will be discussed in analyze the court's ruling, looked at a general theory of principle of indivisible premium, our interpretation of 「Commercial Code」 on principle of indivisible premium, the percentage of the calculation․return of premiums of unearned period and legislative measures to improve the problem in this paper.