보험계약법의 바람직한 개정방향

In germany(2007) and in japan(2008) there was heavy reform in the field of insurance contract law. There is also a sort of competition for the making of better insurance contract law internationally. Other countries, like United Kingdom and australia, are also making effort to get better insurance contract law. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in korean national assembly. To solve the problems we must look at foreign laws. Especially the german insurance contract law(VVG) has influences to korean law because we adopted the continental-european legal system. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. Japan has also new separate insurance law on 6. june 2008. It is effected on 1.4.2010. The german reform issues are follows: reform of definition of insurance contract, the reflection of technical development, the reform of insurance police, duty to give sufficient informations to other party, reform of the duty of disclosure, the abandonment of all or nothing principal, the duty to give correct model estimation paper. Especially, the duty of disclosure was very important reform issue in germany. The japanese insurance law has adopted the duty of passive answer in regard of duty of disclosure. By the way, we should regard special character of insurance contract(contract of utmost good faith) when we discuss about the reform of insurance contract law. The insurance contract law is very important for the welfare of citizens. The reform of insurance contract law is also in korea hot issue. This study concentrates on showing the desirable reform direction of insurance contract law in korea. The author has also tried to pick out some suggestions from german reform. He has also tried to find out new suggestions that he has not discussed before. Through that he has especially tried to check out the possibility of the adoption of creative contents of german reform to korean law.