보험계약체결 후 계약당사자들의 의무 및 피보험이익에 관한 영국법 개정논의의 시사점(보험금지급의무와 사기적 보험금청구를 중심으로)

The English and Scottish Law Commissions are undertaking a joint review of insurance contract law. The aims are to ensure that the law balances the interests of policy holders and insurers; reflects the needs of modern insurance practice; and allows both parties to know their rights and obligations. For each area under review, The Commissions published an Issues Paper, setting out tentative conclusions and seeking views. This joint consultation paper is based on the following Issues Papers: (1) Issues Paper 4: Insurable Interest, January 2008, (2) Issues Paper 6: Damages for Late Payment and the Insurer’s Duty of Good Faith, March 2010, (3) Issues Paper 7: The Insured’s Post-Contract Duty of Good Faith, July 2010. In this process, the paper of the commissions would be a good model to us, and controversial issues of the paper could be a good guidance because the main problems are similar. In Korea, the insurer's duty to pay is provided for by the Commercial code. However where the insurer doesn't pay insurance money to insured unjustifiably, the insured's right is not provided for. Therefore, at this time there is a need to make provisions for protecting the insured. Also, this paper studies the clause of the fraudulent insurance claims. The clause make the insurance contract void if the insured deceive the insurer in the process of claim. It would seem that there are three necessary pre-conditions to a fraudulent claim; (a) the insured must make a claim under the policy; (b) he must be guilty of fraudulent conduct; and (c) the fraud must be directly related to the essence of promotion of the claim.