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학술논문기업법연구2008.12 발행KCI 피인용 17

보험계약법과 보험소비자 문제

A Study on insurance contract law and insurance consumer

김은경(한국외국어대학교)

22권 4호, 489~521쪽

초록

This study aims to examine the issues of an insurance contract focusing on the relation between an insurer and an insurant. For this purpose, the study takes new point of view on the issues relating the insurance contract law and the consumer protection. First of all, it is needed to fix the concept of the insurance consumer which is the object of the insurance contract law. Based on this, the range of the information obligation must be determined or extended beyond the boundary of existing rules by acts and cases. Secondly, the exclusion of the so-called 'all or nothing principle' regarding the default of an insurant may introduce the new principle for the benefit of consumers in proportion to the default. Furthermore, the European dispute mediation system can be one of the best example for the Korean system to avoid unnecessary disputes and expenses.

Abstract

This study aims to examine the issues of an insurance contract focusing on the relation between an insurer and an insurant. For this purpose, the study takes new point of view on the issues relating the insurance contract law and the consumer protection. First of all, it is needed to fix the concept of the insurance consumer which is the object of the insurance contract law. Based on this, the range of the information obligation must be determined or extended beyond the boundary of existing rules by acts and cases. Secondly, the exclusion of the so-called 'all or nothing principle' regarding the default of an insurant may introduce the new principle for the benefit of consumers in proportion to the default. Furthermore, the European dispute mediation system can be one of the best example for the Korean system to avoid unnecessary disputes and expenses.

발행기관:
한국기업법학회
분류:
법학

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