보험료면제보험에 대한 고찰

Abstract

Life insurance has usually long term contract period. During the time, the insured can be put down to financial crisis. When the insured cancels the contract, it causes severe damage to the insured. In that case, the reduced paid-up insurance is very useful. By this insurance, the insured need not to pay insurance premium. But the insurance contract continues with reduced amount of insurance. The reduced paid-up insurance is therefore very useful to the insured. But it is not explicitly regulated in Korean Commercial Code. The industry countries are making effort for the reform of finance contract related laws, especially insurance contract law. For example, in germany(2007) and in japan(2008) there was heavy reform in the field of insurance contract law. There is also a sort of competition for the making of better finance related contract law internationally. Other countries, like United Kingdom and australia, are also making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform was done in the year of 2014. But it is not enough. For example, the passive answer duty in regard of the duty of disclosure is not accepted yet. The reform discussion should go on. To solve the current problems we must look at foreign laws. Especially the german insurance contract law(VVG) has influences to korean law because we adopted the continental-european legal system. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. Japan has also new separate insurance law since 6. june 2008. It is effected on 1.4.2010. The German reform contents(2007 reformed VVG) are as follows: reform of definition of insurance contract, the reflection of technical development, the reform of insurance police, duty to give sufficient informations to other party, reform of the duty of disclosure, reform of the definition of insurance interest, the abandonment of all or nothing principle, the duty to give correct model estimation paper. The so revised German insurance contract law has explicit clause about reduced paid-up insurance(§§ 165, 166 VVG). In Korea, there are regulations about reduced paid-up insurance in insurance contract terms. There were disputes along with reduced paid-up insurance. When the disability rate goes to over 50%, then the insured can ask for the conversion to the paid-up insurance. But when it is derived disability, the disability rete can not be added, but the higher rate applies. In this dispute accident, the toe disability(rate 20%) was derived from leg disability(rate 30%). Therefore it can not be added. But the 30% disability on leg applies. As a result, the insured can not ask for the conversion into the paid-up insurance. We should adopt regulations about paid-up insurance in Korean Commercial Code. The appropriate location by the reformation is the § 730-2 Korean Commercial Code.