생명보험계약 해지와 보험료면제보험에 대한 연구 － 독일법제의 검토를 중심으로 －

Abstract

Nowadays the life insurance has importance function for the welfare of the citizens. The social security system has limitation. The civil life insurance make up for the weak point of the social security system. Therefore the nation should promote the civil based life insurance. When the insurance contractor falls in financial difficulty, he is going to cancel the life insurance contract. But the cancellation causes big financial loss. It is therefore recommended that the insurance contract should go on forth. But the insured sum should be reduced. It is unevitable, because the contractor can not pay the insurance premium. The german insurance contract law(VVG) has recognized the premium exempted insurance : Under the condition of reduction of insured amount, the insurance contractor can transform his life insurance into premium exempted insurance. Furthermore, when the insurer cancels the life insurance contract, it is automatically transformed into premium exempted insurance under the certain conditions. We should adopt such a system. Because premium exempted insurance has social security function, it is helpful for the social safety network. It should be regulated in korean commercial law. The proper position would be § 730-2 KHGB. Then the korean insurance contract law in KHGB can have the better contents. The many nations in the world are trying to get better legal system in the field of insurance contract law. Japan, china, germany have reformed recently the insurance contract law for this purpose. When we get premium exempted insurance regulations, our insurance contract law will get much more competitive contents.