보험요율산출과 법적 책임 －‘대법원 2011.5.26. 선고, 2008두20376 판결’을 중심으로－

Recently, there are some cases about insurance ratemaking in the court. The actuary(including “involved ratemaking institutes”) has the plenary authority to regulate and investigate the ratemaking of the coverage of insurance policy. Under the insurance law, the actuary acted to ensure that the rates are fair, just, and reasonable by expedited annual materials. The actuary should adopt to provide legislative cover for ratemaking. For example, applications for general adjustment of rates should be supported by either a historical certain period or a forward-looking certain period. All possible factors should be considered in the ratemaking proceedings under the insurance law and the involved statutes. If any insurance rate is unjust, unreasonable, or otherwise in violation of any of the provisions of the insurance law and the involved statutes, the FSC(Financial Services Commission) shall by order prescribe a just and reasonable rate to be followed in the future. If the insurance rate fails to live up to either of the insurance law and involved standards, the duty of the actuary is breached and the actuary can be liable for damages of the insured, shareholder, creditor, and insurance company. The actuary's liability is based on intentional or negligent behavior of unjust or unreasonable ratemaking under the insurance law and the involved statutes. Finally, it is necessary to codify the actuary's role clarity concerning authority, responsibilities, and boundaries in view of the Korean Commercial Code(insurance law).