자살의 경우 면책기간 경과 후의 부책과 예문해석에 대한 고찰

Abstract

In modern life, life insurance plays very important role. It protects the life of the family of the deceased. Life insurance has also the old age guarantee function. In personal insurance, the insurer is exempt in case of dolus of the insured. The suicide is done according to dolus of the insured. The insurer is exempt in case of dolus. But the standard contract terms of life insurance regulates that the insurer is not exempt in case of suicide after 2 years from the time of commencement date of coverage. But the art of insurance money was not regulated in such a case. The suicide is not disaster. Therefore, the insurer should not pay the disaster life insurance money. The general life insurance money should be applied. The Financial Supervisory Service has also involved by the approval of the such a insurance clause terms. The parties did not intend to be applied such a clause terms. Therefore, the example sentence interpretation should be applied in such a case. The korean supreme court has applied the so called example sentence interpretation in case of comprehensive floating mortgage. The example sentence interpretation has rational contents. Therefore, we should solve the problems of the insurance money in case of suicide after 2 years by the application example sentence interpretation. But the Seoul Central District Court has sentenced that the insurer should pay the disaster insurance money in such a case recently(2014GaDan37628). It is not appropriate. The german insurance law(VVG) regulates that the insurance should pay insurance money in the case of suicide after 3 years(paragraph 161). But it is not applied to accident insurance. The legislation motive says also that such a clause should only be applied to life insurance. This means that the insurer should pay general life insurance money in case of suicide after 3 years. This justify the application of example sentence interpretation in korea.