한국에서의 법무보험의 정착가능성 — 보험약관의 면·부책과 사례를 중심으로 —

Legal affairs insurance(here in after LAI) is a type of insurance policy which covers policyholders against the potential costs of legal action against an institution or an individual. LAI is popular in foreign country(Germany, EU, U.S.A., Japan), but not in Korea insurance market. The purpose of this study is to investigate LAI policies in foreign country(Germany, EU, U.S.A., Japan) and Korea, to examine the feasibility of LAI in Korean insurance market. Especially, focused on the insurance policies. The current LAI of the world can be categorized into two types. One is the mutual aid type which makes funds for a prospective legal service and, with the funds, provides a legal service directly or pays the fee of it. The other is the insurance of the commerce type which insurance companies make as one of the insurance product. The attorneys’ fee of Korea is unreasonably high. Therefore, LAI should guarantee expenses of highly specialized services. The result was that it can be spread throughout Korean insurance market with employment agreements. Second, the prevention of moral hazard of an insured person is also very important, but it should not be used to restrict customers’ right in LAI. Considering that the number of legal disputes including nonlitigation cases is almost 18 millions, therefore, market for LAI is fully matured. In addition, LAI should take root because it has public benefits to help the realization of social justice.