법무보험의 면·부책 사례에 따른 비교법적 연구 — 독일의 2009년 보험계약법(VVG)을 중심으로 —

There are a few points at issue in the legal cases of Legal Affairs Insurance(here in after LAI) in Korea. Under article 720 of the Commercial Act, the insured is entitled to be compensated for the defending charges. Under article 680 of the Commercial Act, the insured is imposed to sue and labour in order to avert and minimize the loss caused by the accident. If the accident under those article of the Commercial Act occurred, the insurer must pay the charges to the insured, even if the total sum of the defending costs and the indemnity(the charges of loss prevention) is in excess of the sum insured. But, as the legal nature of those article have two or more faces, everything turns on the judge's interpretation of the law. For the refrain from the lack of coverage under the judge's interpretation of the law, we can imagine one of the alternatives is LAI contract in Korea. If the insured didn't compensated by liability insurance because of the lack of coverage under the judge's interpretation of the law, the insured would be compensated by LAI contract. And, for bring in a bill to improve the circumstance of LAI contract, we should referred to German law(Versicherungsvertragsgesetz -VVG) that is very delicate legal structure about LAI contract that is regulated and separated from other line of insurance contract law.