증권법상 적합성원칙의 보험상품의 판매, 권유에 대한 적용

Most advanced countries recognize suitability rule at the time of security solicitation as obligation of the security company. Suitability rule sees to it that a security company solicits its clients in an appropriate way in light of their purpose of investment, investment experience, and amount of funds available.As security goods diversify and difference among various kinds of security companies becomes diluted, investment insurance programs such as variable insurance are being developed these days. Clients who purchase such variable insurance policies run the same risks as securities investors. Therefore, special cares must be given so that investors are protected from such potential threats. Countries like America, England, and Japan extend suitability rule to the variable insurance programs. It is considered proper attitude that the same criteria should be applied to programs with the same kind of economic functions.According to the Bill of Capital Market Integration in Korea, insurance companies are bound to explain possible loss of base capitals in case of soliciting insurance programs including variable insurance, that is, the suitability rule should be explicitly applied to domestic insurance companies. Variable insurance is liable to investment risks in contrast to conventional insurance. This is because coverage of variable insurance is open to change depending on the actual result of investment.It is hoped that the Bill of Capital Market Integration will be legislated in the near future. Otherwise, regulation as to the suitability rule must be stipulated in the Securities and Exchange Act or the Insurance Business Act.