생명보험에서의 자살로 인한 재해사망보험금 지급에 관한 고찰 - 대법원 2016.5.12. 선고 2015다243347 판결을 중심으로 -

Abstract

The insured accident in accidental death special agreement is casualty death based on the element of contingency. Suicide is an intentional act, so it cannot be casualty death. But before the 2010 amendment of Korean standard life insurance policy, there are both exemption 2 year limit suicide in the life insurance policy and exemption 2 year limit suicide in the accidental death special agreement of life insurance. So there is a complicated question, accidental death benefit should be paid to the insurance beneficiary under the accidental death special agreement when the insured commits suicide after 2 years from the beginning of the policy? In May 12, 2016, the Korean Supreme Court judged that insurer should paid accidental death benefit to insurance beneficiary under the accidental death special agreement when the insured commits suicide after 2 years from the beginning of the policy. In this case, the principle of contra proferentem, which can be applied to the case of uncertainty of insurance agreement contents, should be applied if there is still uncertainty as regarding interpretation. In this paper, the author examines the Korean Supreme Court Case (May 12, 2016, 2015 Da 243347 Case) with Local Court case and Court of Appeal case. And the author suggests interpretation on 2 year limit suicide in the accidental death special agreement of life insurance. Since 2010, Korean standard life insurance policy was eliminated exemption 2 year limit suicide in the accidental death special agreement of life insurance. Insurance companies should more pay attention to make their policy clauses.