상법상 약관교부·명시의무와 고지·통지의무와의 관계

Some member of the National Assemblies suggested draft of a proposed law that revise part of insurance law at ordinary session of the National Assembly of 2010. When insurer violated in duty, it is these contents that solidify contractor's right of rescission and protect consumer's profit. It is purpose that this treatise examines in detail about the draft of a proposed law. First, I am going to examine about insurer's duty of delivery and teaching of article. Scholars had insisted that duty of delivery and teaching of article of a insurer is obligation at past. But, I think duty of delivery and teaching of article of a insurer that is the nearest obligation with genuine duty now. Second, I am going to examine about duty of disclosure and notification of a policyholder. Scholars had insisted that duty of disclosure and notification of a policyholder is obligation at past. But, I think duty of disclosure and notification of a policyholder that is the obligation that duty is weaker obligation than genuine duty now. Finally, I am going to study about relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law. That is, relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law may not correspond each other like past now. Because relation with duty of delivery and teaching of article of a insurer and duty of disclosure and notification of a policyholder in commercial law is different legal nature . And I think that duty of delivery and teaching of article of a insurer is protecting policyholder's profit faithfully by commercial law and articles's regulation law already. Also, if recognize that duty of delivery and teaching of article of a insurer is the nearest obligation with genuine duty, I think that it is accomplishing balance enough with duty of disclosure and notification of a policyholder already.