상법 보험편 개정안에 대한 검토

On 6 August 2008, the Korean government submitted a draft amendment to the part of the commercial law that regulates insurance contract law. The amendment would provide consumer protections and regulate insurance parties’ relations. But the writer thinks the lawmakers should not untouchedly accept many matters such as the duty to disclose, aggravation of the risk, fraudulent claims, duty to notify other insurance contracts. This article recommends that Korean insurance contract law be enacted as a law separate from the commercial law. In implementing the new law, Korean lawmakers should carefully examine the changes to insurance law enacted by advanced countries in insurance contract law such as Germany, England, Australia, United States, Japan.