사기적 보험금청구에 관한 연구

The occurrence of speculation, adverse selection and moral hazard in insurance contracts is not an insurance company's own problem. Fraudulent claims caused by moral hazard give harmful effect to most of the insured because the payment of compensation owing to fraudulent claims by this anti-social behavior results in the increase of premium to an individual policyholder. The Commercial Law of Korea does not have suitable regulation in restraint of fraudulent claims, while some advanced countries i.e., the United Kingdom, Australia, and Japan do. Korea merely has a policy with cancellation clause as counter-measurement against fraudulent claims. Therefore, first of all, this article redefines the meaning of fraudulent claims to insurance contracts and examines pattern of fraudulent claims which tear apart the foundation of the insurance system. Second, this paper takes a close look at advanced countries' insurance clause and legislation case related to fraudulent claims and analyzes condition and effect of fraudulent claims. Lastly, this article is intended to suggest that the amendment of the Commercial Law, the Insurance Business Act and the Criminal Law is necessary to prevent fraudulent claims in insurance contracts.