보험사기 방지를 위한 보험계약법 개정방향

Abstract

Part IV of Korean Commercial Act regulates entering into, keeping and cancelling insurance contract, so it is called insurance contract law. Part IV has been revised in March this year facing its enforcement in next year; Part IV’s changes are mostly focused on solving some legal matters in Korean insurance contract law which have been solved by court rulings or standardized contracts of insurance. However, this revision can be evaluated as passive because it mostly handles matters with little different views remaining many tasks about efficient legislation against insurance fraud. Both academic and business world have deep interest in making legislation to prevent insurance fraud; insurance fraud including insurance crime damages not only insurance soliciting market order and financial soundness of insurance companies but also whole sustainability of the insurance safety net in our society. However, this revision doesn’t deal with matters for prevention of insurance fraud probably leaving them in abeyance as later legislation assignment even if the impact of insurance fraud on the society is presumed serious. This passive attitude of Korean insurance contract law is contrary to that of USA law which seems to take more active stands by regulating strictly life insurance contract for third person, etc. Therefore, this paper provokes attention to and tries to discuss some desirable legal approaches toward prevention of insurance fraud mostly paying attention to the desirable revision direction of Korean insurance contract law.