보험계약법에 관한 개정의견

Abstract

I recommend that Korean Commercial Code Article 4 (insurance contract law)(hereinafter referred to as "Code") should be revised as followings. 1. The terms in Code should be unified and definite (example : the insured, amount insured, subject matter of insurance contract and so on) (Code §§651·733·734, §§730·665, §§668·669). 2. In Code §638-3(2), "even though the person effecting the insurance does not cancel the insurance contract, the insurer cannot assert the validity of such general agreements as contents of insurance contract" should be added. 3. Insurance agent, insurance broker and insurance salesman should be stipulated keeping with those in Code Article 2. 4. In Code §655 sentence 2, "even though the insurer rescinds the insurance contract, the insurer is liable to pay the amount insured in that fact"should be provided instead of "this shall not apply."5. The provisions saying that any insurance contract by fraud is invalid and the insurer dose not have any obligation against the claim of the amount insured by fraud or forged documents and so on, should be newly regulated in Code. 6. In Code §662, the starting time of extinctive prescription periods should be regulated as well as extension of such periods. 7. In Code §682, the subrogation of insurer should be restricted to even the family members of the person effecting the insurance or the insured as well as the person effecting the insurance. 8. The guaranty insurance should be newly regulated in Code. 9. Code §735 (endowment insurance) and §735-2 (annuity insurance)should be deleted, because such provisions in life insurance are not proper. 10. In Code §735-3, the provision saying that the written consent of the insured is required in case that the person effecting the contract orders any other person except the insured as beneficiary in group insurance, should be newly regulated. 11. In accident insurance, the provision saying that the policy conditions concerning exemption of liability of the insurer in case of no license or drunken drive and so on are valid, should be newly regulated. 12. In Code §739, the provisions concerning not only life insurance but also property insurance shall apply mutatis mutandis to personal accident insurance. 13. Sickness insurance should be newly provided in Code.