전자문서를 이용한 보험계약의 활성화 방안

Various legal problems are caused by nature different from that of the insurance contract using an electronic document by face-to-face transactions of conventional case of insurance contracts. We can introduce a new interpretation theory in order to solve such a problem, or it is necessary to supplement the legislative. In connection with the conclusion of the insurance contract, if it is found in the obvious mistake of display on a typing mistake, you will be able to cancel for the mistake of the input operation. However, it is considered that the same effect as he found to be limited to when there is no gross negligence as defects for the important part. Whether you can be seen in the defect on the important part of the legal act of Article 109 paragraph 1 of the Civil Code applies flaw in the process of input by keyboard erroneous operation, there is gross negligence on the insurance side, and the input operation it will be able to cancel misses. In the case of policy conditions, it is necessary to explain the important contents in deliver to the policyholder the insurance clause in the insurance contract at the time of the conclusion. In the case of Internet insurance has become a problem and whether or not considered to be that it has to fulfill the delivery obligation of the agreement in a way that the display screen on the contents of this agreement. It can be deemed to have fulfilled the delivery obligation clause if insurance contractor be able to print or download the screen clause, and allow to check the policy statement by receiving a virtual store at any time will. Duty of disclosure of insurance contracts through an electronic document is also an important issue. Matter that is displayed on the application form question column on the screen of the virtual store is estimated to be an important matter, it will be seen as the duty of disclosure is performance when policyholder has described to the fact as to this. However, if that had been made ​​a term such as "matters notice of the other" to question representation is a problem, but, the insurer prove that there is a causal relationship to the accident and between matters if that had not been described in the announcement section, the insurer may cancel the insurance contract because the duty of disclosure breach of contract to be reasonable. There is a need to interpret strictly the written consent, as in the case of wills in the case of the consent in writing of the issue life insurance policies of others. However, it is necessary to sign the screen of mobile direct the consent of the others are insured in life insurance policies of others, to allow consent digital signature so-called direct. And it is necessary to consent electronic document admits. Because there is a limit to the interpretation as this interpretation of current law, it is necessary to solve the legislative.