생명보험약관상 자살면책기간 이후의 고의 자살에 대한 보험금 지급에 관한 문제 및 자살면책기간 연장에 관한 연구

Abstract

An insured’s bad faith action breaches the contingency of insured accident and the principle of good faith, so the insurer is relieved from liability. In case of insurance on death, the insurer is exempted from its liability for an accident(death) caused by bad faith of insured. However, if the insured has committed suicide while being unable to make free decision due to non compos mentis or if the insured has committed suicide after the lapse of 2 years from the day of commencement of insurance cover, the insurer is not relieved from liability. In spite of the fact that they acknowledge the responsibility of insurer when committing a suicide more than 2 years after the day of commencement of insurance cover, contingency of insurance accident which is the principal of insurance needs to be observed and considered. Therefore, insurers should be exempted if they prove that obtaining a benefit was the main or primary motivation of the death of insured. Even though it happened after suicide exclusion period, if the suicide was committed under non compos mentis, general death benefit should be paid instead of accidental death benefit. Payment commensurate to elapsed year can also be considered for general suicidal deaths which don't have motivations to get benefit. According to the research that analyzed the correlation between suicide rate and suicide exclusion period policy, existing suicide exclusion period induces suicidal behavior of life insureds. It should be considered to extend the suicide exclusion period to 3 years or more as high suicide rate is one of the major problems of this society.