보험범죄의 경향과 형사법적 대응방안

The insurance which compensates monetarily from common fund of the people have the danger of commonness the person who in unexpected accident falls into to economic crisis and escape from crisis, is the idea of top of the human rationality. But the insurance enterprise in nature as a matter of user side has a dangerousness of the fraud which relates with the insurance money. The insurance fraud became systematized, concentrated, household crime and minor and internationalized recently. Resultingly the insurance fraud evolves to the direction of intelligence and complexity. From here, according to coming out the new mortgage like finance, medical treatment etc, the necessity of insurance fraud prevention becomes larger in future more. Insurance fraud increase, because of the gap of national consciousness of law, the increase of insurance fraud weak class which follows in economic situation deterioration, weakening of professional ethics of the relation service workers and lightness and uncertainty of punishment. To dispose this insurance fraud, we must judge deceptive act precisely,prescribe clearly an insurance fraud part type in the insurance law, strengthen a punishment for 'true insurance fraud', magnifies an education conditional suspension of prosecution, strengthen a punishment for the medical staff. In order to recover the function of insurance, that is to compensate the damage monetarily from insurance accident, the prevention of insurance fraud have to be accompanied ethical management of the insurance company.