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학술논문금융법연구2011.08 발행KCI 피인용 9

한국 보험법의 현재와 개정논의

The Present Korean Insurance Law and Debate on Its Reform

장덕조(서강대학교)

8권 1호, 247~278쪽

초록

The draft Bill of Korean Insurance Contract Law as part of the Korean Commercial Law is under review of the Korean Congress. This paper is to study and analyze our draft bill presented by the Korean Government in 2008. First of all our draft bill requires a consumer to volunteer information about other insurances to insurers, and if not the insurer may cancel the insurance contract. However, it is now generally accepted that insurers should ask consumer for the information they want to know. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the drafted bill of United Kingdom would be a good model to us, and controversial issues of the bill could be a good guidance because the main problems are similar. Our Reform should enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their favour. Reform would improve confidence in the industry. In this respect this paper tries to study.

Abstract

The draft Bill of Korean Insurance Contract Law as part of the Korean Commercial Law is under review of the Korean Congress. This paper is to study and analyze our draft bill presented by the Korean Government in 2008. First of all our draft bill requires a consumer to volunteer information about other insurances to insurers, and if not the insurer may cancel the insurance contract. However, it is now generally accepted that insurers should ask consumer for the information they want to know. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the drafted bill of United Kingdom would be a good model to us, and controversial issues of the bill could be a good guidance because the main problems are similar. Our Reform should enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their favour. Reform would improve confidence in the industry. In this respect this paper tries to study.

발행기관:
한국금융법학회
분류:
법학

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