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학술논문경영법률2008.10 발행KCI 피인용 1

생명보험표준약관상 자살면책조항에 대한 일고찰

A Legal Study on Suicide Indemnity Clauses under Life Insurance Policies

김두환(한경대학교)

19권 1호, 353~381쪽

초록

According to the Korean Commercial Code Art. 659(1)〔Reasons for Exemption of Liability〕, it is regulated that if the insured events have occurred due to intention or gross negligence of the policyholder, of the insured, or of the beneficiary, the insurer is not liable for paying the insured amount. Also Article 732-2 (Insurance Risks caused by Gross-Negligence), it is regulated that in the case of an insurance contract covering death as an insured event. the insurer shall not be discharged from its liability. even though the insured event happens by reason of gross negligence of the policyholder. insured or beneficiary. By the way, in life insurance policy, it is regulated that when the insured suicide after 2 years from the date the policy is issued, claim paid shall be paid. Then, why does the suicide liability clause in the life insurance policy exist and why is it accepted? On this study, the relationship between Korean Commercial Code Art. 659(1), Intention, and Item 2 of Paragraph 1 of Article 16 of life insurance policy, Suicide, was reviewed.

Abstract

According to the Korean Commercial Code Art. 659(1)〔Reasons for Exemption of Liability〕, it is regulated that if the insured events have occurred due to intention or gross negligence of the policyholder, of the insured, or of the beneficiary, the insurer is not liable for paying the insured amount. Also Article 732-2 (Insurance Risks caused by Gross-Negligence), it is regulated that in the case of an insurance contract covering death as an insured event. the insurer shall not be discharged from its liability. even though the insured event happens by reason of gross negligence of the policyholder. insured or beneficiary. By the way, in life insurance policy, it is regulated that when the insured suicide after 2 years from the date the policy is issued, claim paid shall be paid. Then, why does the suicide liability clause in the life insurance policy exist and why is it accepted? On this study, the relationship between Korean Commercial Code Art. 659(1), Intention, and Item 2 of Paragraph 1 of Article 16 of life insurance policy, Suicide, was reviewed.

발행기관:
한국경영법률학회
분류:
법학

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