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학술논문경영법률2009.10 발행KCI 피인용 1

단기수출보험 포괄보험특약의 특성과 불이익변경금지 - 대법원 판례의 분석을 중심으로 -

Special character of short term export credit insurance and § 663 korean commercial code - focused on the analysis of supreme court cases -

최병규(건국대학교)

20권 1호, 417~447쪽

초록

Korea has extended the export volume steadily. As a result of such an effort, korea is looking forward to be the 10 big export country in the world. Thereby the export credit insurance has contributed heavily. The korean government has tried to support the export enterprieses through the export credit insurance. But the export credit insurance in general has some special character. First of all, the export insurance is nonprofitable policy insurance. In korea export insurance is held by Korea Export Insurance Corporation(KEIC). KEIC has been committed to promoting sound overseas transactions since its establishment in July 1992. KEIC compensates the losses arising from export transactions and overseas investments that cannot be handled by the general insurance systems, and provides useful information to its customers. Always looking beyond its success, KEIC is making effort to meet the various needs of its customers, while furthering international cooperation and striving to become one of the leading export credit insurance institutions in the world. Because of the system of short term export credit insurance(blanket clause) the export enterprise should confirm the export facts and volume to the insurer. Otherwise there can be insurance fraud, namely the reverse selection. And by the application of the consumer protection regulation in korean commercial law(§ 663) the scale of the export enterprise should be considered. This study concentrates on showing the special character of short term export credit insurance blanket clauses. On the other hand the author has tried to point out how can be applied the consumer protection provision in korean commercial law(§ 663) to export credit blanket insurance. Thereby he has indicated and analysed three supreme court cases.

Abstract

Korea has extended the export volume steadily. As a result of such an effort, korea is looking forward to be the 10 big export country in the world. Thereby the export credit insurance has contributed heavily. The korean government has tried to support the export enterprieses through the export credit insurance. But the export credit insurance in general has some special character. First of all, the export insurance is nonprofitable policy insurance. In korea export insurance is held by Korea Export Insurance Corporation(KEIC). KEIC has been committed to promoting sound overseas transactions since its establishment in July 1992. KEIC compensates the losses arising from export transactions and overseas investments that cannot be handled by the general insurance systems, and provides useful information to its customers. Always looking beyond its success, KEIC is making effort to meet the various needs of its customers, while furthering international cooperation and striving to become one of the leading export credit insurance institutions in the world. Because of the system of short term export credit insurance(blanket clause) the export enterprise should confirm the export facts and volume to the insurer. Otherwise there can be insurance fraud, namely the reverse selection. And by the application of the consumer protection regulation in korean commercial law(§ 663) the scale of the export enterprise should be considered. This study concentrates on showing the special character of short term export credit insurance blanket clauses. On the other hand the author has tried to point out how can be applied the consumer protection provision in korean commercial law(§ 663) to export credit blanket insurance. Thereby he has indicated and analysed three supreme court cases.

발행기관:
한국경영법률학회
분류:
법학

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단기수출보험 포괄보험특약의 특성과 불이익변경금지 - 대법원 판례의 분석을 중심으로 - | 경영법률 2009 | AskLaw | 애스크로 AI