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학술논문기업법연구2010.03 발행KCI 피인용 9

보험모집보조자의 법적 지위에 관한 한독 비교연구

A german-korean comparative study on the legal status of insurance intermediary

최병규(건국대학교)

24권 1호, 329~346쪽

초록

In the field of insurance, intermediaries play very important role. Recently the reform of insurance contract law is also in korea hot issue. The insurance contract law has experienced significant change recently in many countries worldwide. Especially in germany and in japan there was heavy reform in the field of insurance contract law. In germany the right and duty of insurance intermediaries were regulated in insurance contract law. Its origin was the EU-insurance intermediary directive. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems, especially in regard of the right and duty of insurance intermediary. The reform discussion about korean insurance contract law is being done in national assembly. Thereby some regulations about insurance intermediary will be added. To solve the problems in korea we must look at foreign laws. Especially the german insurance contract law(VVG) has influences to korean law because we adopted the continental legal system. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. The right and duty of insurance intermediary have experienced heavy changes by this reform. The right and duty of insurance intermediary was also very important reform issue in germany. This study concentrates on showing the current problems of insurance contract law in regard of the right and duty of insurance intermediaries. The author has meanwhile tried to provide some suggestions about reform of korean insurance contract law in regard of foreign law reformation in the long perspective. It has tried to show the right direction for the reform about duty of insurance intermediaries. The duty of information and the duty of document are thereby important examples. German regulations in regard of insurance intermediaries can provide good models to korea. Therefore the author has tried to point out the merits of german regulations per comparative legal study. In the long run the adopt of german examples can supply useful models to us.

Abstract

In the field of insurance, intermediaries play very important role. Recently the reform of insurance contract law is also in korea hot issue. The insurance contract law has experienced significant change recently in many countries worldwide. Especially in germany and in japan there was heavy reform in the field of insurance contract law. In germany the right and duty of insurance intermediaries were regulated in insurance contract law. Its origin was the EU-insurance intermediary directive. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems, especially in regard of the right and duty of insurance intermediary. The reform discussion about korean insurance contract law is being done in national assembly. Thereby some regulations about insurance intermediary will be added. To solve the problems in korea we must look at foreign laws. Especially the german insurance contract law(VVG) has influences to korean law because we adopted the continental legal system. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. The right and duty of insurance intermediary have experienced heavy changes by this reform. The right and duty of insurance intermediary was also very important reform issue in germany. This study concentrates on showing the current problems of insurance contract law in regard of the right and duty of insurance intermediaries. The author has meanwhile tried to provide some suggestions about reform of korean insurance contract law in regard of foreign law reformation in the long perspective. It has tried to show the right direction for the reform about duty of insurance intermediaries. The duty of information and the duty of document are thereby important examples. German regulations in regard of insurance intermediaries can provide good models to korea. Therefore the author has tried to point out the merits of german regulations per comparative legal study. In the long run the adopt of german examples can supply useful models to us.

발행기관:
한국기업법학회
분류:
법학

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보험모집보조자의 법적 지위에 관한 한독 비교연구 | 기업법연구 2010 | AskLaw | 애스크로 AI