英國保險法의 改正動向과 示唆點

The report and draft Bill published as part of the English and Scottish Law Commissions' joint review of insurance contract law. The report recommends a new consumer statute to address the issue of what a consumer must tell an insurer before taking out insurance. The Bill replaces the duty to volunteer information with a duty on consumers to take reasonable care to answer the insurer's questions fully and accurately. The existing law of United Kingdom requires a consumer to volunteer information about other insurances to insurers. It is said that the English Reform would improve consumer protection by giving consumers the legal rights, also enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their faivor. This paper is to study and analyze our draft bil presented by the Korean Government in 2008. First of all our draft bill requires a consumer to volunteer information about other insurances to insurers, and if not the insurer may cancel the insurance contract. However, it is now generally accepted that insurers should ask consumer for the information they want to know. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the drafted bill of United Kingdom would be a good model to us, and controversial issues of the bill could be a good guidance because the main problems are similar. Our Reform should enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their favour. Reform would improve confidence in the industry. In this respect this paper tries to study.