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학술논문일감법학2010.08 발행KCI 피인용 3

보험사기의 현황 및 효과적 대처방안

The Present of Insurance Fraud And Plan for Effective Countermeasure

성수훈(건국대학교)

18호, 445~477쪽

초록

Insurance fraud has greatly increased each year because of the generous social atmosphere for speculative contracts taking on the character of insurance contract and insurance crimes along with economic difficulties such as unstable employment structure, business failure and the like since the Korean exchange crisis in 1997. For the years, national government and insurance companies have made endless efforts to prevent insurance fraud but the realities of control over insurance fraud in Korea can be said to be at an early stage in terms of its history and internal infrastructure. And investment to prevent insurance fraud is very poorly made compared to its importance. In addition, insurance companies have not made thorough efforts to prevent insurance accidents and fraud out of the easy thought that they cannot but to accept a certain degree of loss to enhance their image because they reflect losses induced by insurance fraud in the premium. Accordingly, the insurance world needs to make diverse and active efforts in order to remove the fundamental cause of insurance fraud. And related agencies should devote themselves to its scientific management and institutional complementation. And people should take care not to suffer from insurance fraud. And in order to prevent insurance fraud, it is necessary to establish the requirements for existing basic crimes and the independent requirements for formation of illegal act aiming at differentiated insurance fraud. And it is necessary to introduce the provisions of criminal punishment proper to it. But it is thought that it is valid to enact the criminal law with actual effectiveness rather than the related provisions of the insurance business law as the scheme for legislation of insurance fraud.

Abstract

Insurance fraud has greatly increased each year because of the generous social atmosphere for speculative contracts taking on the character of insurance contract and insurance crimes along with economic difficulties such as unstable employment structure, business failure and the like since the Korean exchange crisis in 1997. For the years, national government and insurance companies have made endless efforts to prevent insurance fraud but the realities of control over insurance fraud in Korea can be said to be at an early stage in terms of its history and internal infrastructure. And investment to prevent insurance fraud is very poorly made compared to its importance. In addition, insurance companies have not made thorough efforts to prevent insurance accidents and fraud out of the easy thought that they cannot but to accept a certain degree of loss to enhance their image because they reflect losses induced by insurance fraud in the premium. Accordingly, the insurance world needs to make diverse and active efforts in order to remove the fundamental cause of insurance fraud. And related agencies should devote themselves to its scientific management and institutional complementation. And people should take care not to suffer from insurance fraud. And in order to prevent insurance fraud, it is necessary to establish the requirements for existing basic crimes and the independent requirements for formation of illegal act aiming at differentiated insurance fraud. And it is necessary to introduce the provisions of criminal punishment proper to it. But it is thought that it is valid to enact the criminal law with actual effectiveness rather than the related provisions of the insurance business law as the scheme for legislation of insurance fraud.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.35148/ilsilr.2010..18.445
분류:
기타법학

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