인슈어테크 발전에 따른 보험신용정보 보호 및 활용

Abstract

Technology in the insurance industry continues to develop. Insurance credit information is mainly discussed in terms of using information as big data. Therefore, the key is to anonymize insurance credit information. Insurance credit information should be protected. Therefore, a punitive damages system is needed. However, insurance credit information has two values: protection and utilization. And the two values must be balanced against each other. Information sharing and analysis are essential to detect insurance fraud. And, there is a concern that excessive bias toward credit information protection may hinder the sound development of the insurance industry. Currently, insurance credit information is intensively managed by the Korea Credit Information Service. Insurers inquire past information with consent from policyholders. The development of science and technology should be considered when applying insurance laws. In this paper, the possibility of change in the applying of the obligation to notify under the insurance law was examined. ICIS systems are developing, and inquiry speed is improving. Therefore, when signing an insurance contract, insurance credit information that an insurer can inquire should not be subject to the obligation to notify. According to the current insurance law, the policyholder must prove the insurer’s recognition. The burden of proof of insurance credit information that can be inquired through the ICIS system should be shifted. The ICIS system should operate in favor of policyholders. For example, when a new group insurance is signed due to resignation and employment, the existing group insurance can be changed to individual insurance. If the death is confirmed, life insurance money may be notified using ICIS system. If insurance credit information is leaked, liability for damages is a problem. As a result, it is a question of whether to admit the responsibility for mental damage. Personal information is a fundamental right under the Constitutional Law. Therefore, personal information should be strictly protected. However, emphasizing the protection of personal information severely restricts the business activities of companies. Furthermore, as new technologies are not utilized, the international competitiveness of the insurance industry may be weakened. Therefore, a balanced view of rights is needed. In the event of direct property damage, such as retirement from the company due to the leakage of a history of illness, which is insurance credit information, it should be strictly protected. Mental damage can be accepted if sensitive information is leaked. Other than that, it shall be examined whether it has been spread to a third party or is likely to be spread in accordance with the Supreme Court precedent.