보험사기 방지를 위한 합리적 형사정책

Abstract

The seriousness of insurance fraud has led to multiple attempts by lawmakers to create and implement insurance fraud acts in Korea. Thus far, such attempts have resulted in failure, largely due to the fact that it is possible to deal with cases of fraud under criminal law. As such, a special law dedicated to the prevention and punishment of insurance fraud has been seen to be redundant. The effectiveness of a special law depends on the threat of severe punishment and sentencing for perpetrators of fraud, so as to dissuade them from committing the crime in the first place. The issue with this, however, lies in the fact that such a threat does not reduce cases of insurance fraud, as perpetrators rarely consider the possibility that they will be caught. In light of this, a special law could be said to be more of a symbolic stand against insurance fraud, as opposed to an effective one. In accepting that the threat of severe punishment does not effectively deter fraud, a reduction in rates of fraud has been found to correlate more to the probability of being caught. So as to increase the probability of detecting insurance fraud, investigations by civilians should be allowed to some extent, including the investigation of insurance fraud. For the same purpose, it is recommended that insurance companies should be granted access to police records regarding automobile accidents. Additionally, it is proposed that a standing organization be formed specifically for the purposes of insurance fraud investigation, in which related authorities participate. Insurance fraud eventually has an adverse effect on the overall welfare of the insured and on society as a whole. To remedy such an effect, it is recommended that the above measures are systematically implemented. In light of the seriousness of insurance fraud in Korea, it is proposed that such a standing organization dedicated to insurance fraud investigation and prevention take the form of a permanently established Insurance Fraud Bureau (IFB). Such a bureau would be comprised of both prosecutors and police working interdependently, with procedural safe guards implemented so as to avoid conflicts of interest and allow for secure and impartial investigation. Impartiality would be a key factor in the effectiveness of the IFB and it is for this reason that it should be entirely government-funded, with no reliance on specialist funding.