보험계약자의 철회권 도입에 관한 연구

The international consumer protection law has the trend that gives the consumer the right to cancel the contract without reason. The offeror has namely the right to withdraw the contract offer in certain days. In insurance contract law it is very important that the insured has to think over whether he will make contract or cancel it. He should get sufficient time to think over. Nowadays the insurance contract is very complicated. Therefore it is not easy to decide whether the insured make contract or cancel it. Therefore it is necessary that the insurance contract law should give the insured sufficient time to think over. Nowadays many countries are making effort to get better insurance contract law internationally. Germany has reformed the insurance contract law thoroughly in 2007. Japan has new, separate insurance contract law since 2008. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. § 638-3 korean commercial code regulates the duty of insurer to explain the insurance contract clauses. But it does not regulate the cancel right of the insured. And § 8 german insurance contract law(VVG) are the regulations that the insured should get the right to cancel the contract in 14 days. When the insurer do not offer sufficient information, the insured can cancel the contract in 14 days. This period begins after the insurer fulfill his duty to give information. We should also regard adopting this reform contents of germany. The reform discussion about korean insurance contract law is being done in korean national assembly. The ministry of justice has also established a reform commission in the part of insurance contract law. By the reform discussion in korea we can also consider adopting regulations about cancellation right of the insured. By the work the german example(§ 8 VVG) can give us good suggestions. We should make effort to modernize our insurance law system. By that process the cancellation right of the insured is especially important.