손해보험사의 장기저축성보험 규제에 관한 소고A legal analysis on the restriction of the long term savings type insurance of the non life insurance companies
- Other Titles
- A legal analysis on the restriction of the long term savings type insurance of the non life insurance companies
- Authors
- 박세민
- Issue Date
- 2011
- Publisher
- 한국경영법률학회
- Keywords
- 생명보험(life insurance); 손해보험(non life insurance); 장기저축성보험(long term savings type insurance); 장기손해보험(long term non life insurance); 보장성보험(guarantee type insurance); 보험업 겸영제한(prohibition on concurrent operation of insurance business); 보험업감독규정(regulation on supervision of insurance business); 제3보험(third insurance)
- Citation
- 경영법률, v.21, no.2, pp.61 - 97
- Indexed
- KCI
- Journal Title
- 경영법률
- Volume
- 21
- Number
- 2
- Start Page
- 61
- End Page
- 97
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/113802
- ISSN
- 1229-3261
- Abstract
- According to § 7-49 (1) 3 of the Regulation on Supervision of Insurance Business, "Guarantee type insurance" means the insurance whose benefits paid in the duration of life does not exceed the premiums paid to date, whereas the "net guarantee type insurance" means the guarantee type insurance that does not pay for benefits in the duration of life, whereas "other guarantee type insurance" means the guarantee type insurance other than the net guarantee type insurance. In addition, "Savings type insurance" means the insurance other than the guarantee type insurance, whose benefits paid in the duration of life exceeds the premiums paid to date. (§ 7-49 has been deleted in April 1 2010.) § 7-56 (2) stipulates that the insurance period for the long term non life insurance shall be 15 years or less, and the guarantee type insurance may be 15 years or longer. The current restriction of 15 years of the long term savings type insurance in non life insurance company has caused many problems. It is submitted that this restriction is unjust, considering the long experience of dealing with long term savings type insurance of non life insurance business and its financial soundness. The same rule and regulation should apply to the insurance business with the same skill and ability. For the fair competition and insurance purchasers' interest, this unjust restriction of 15 years of the long term savings type insurance in non life insurance company should be changed.
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