보험자의 정보제공의무에 관한 법정책적 소고

Commercial Act has the rules of obligations to deliver and specify standard insurance terms about the information which should be provided with policyholders in the process of making an insurance contract. And it also has the rules including the duty to explain standard insurance terms according to act on the regulation of terms and conditions, the duty to explain products and principle of conformity according to insurance business act. Recently, the major foreign countries are going toward reinforcement of the duty to provide information by insurers through revision of the laws including the insurance law. Therefore, this study sought the plan to establish the rules about the rule to provide information in commercial act by reviewing the rules about obligations to deliver and specify standard insurance terms, the amendment of commercial act in 2013, and the rules about the duty to provide information by major foreign countries. Especially, an issue of the high rate to file civil complaints in the process of solicitation for insurance and payment of insurance money has been made. It recognized that these insurance civil complaints were filed because there are basic causes in the process that insurance salesmen explain insurance products to policyholders and started for the purpose of solving this. Originally, in insurance, many civil complaints cannot help being filed in the process of solicitation for insurance. And structurally, the incomparably higher rate to file civil complaints than that of other financial businesses is expected. It’s because insurance contracts are made as assistants of solicitation for insurance actively induce and advise insurance consumers to do it rather than they take up insurance policies by voluntary needs. However, solicitation for insurance using sale of complex finance products and means of communication including variable insurance has recently increased, the traditional market of solicitation for insurance has changed and the amount of information that insurance salesmen should provide insurance consumers has also increased. In this situation, insurance civil complaints have rapidly increased for last two years and the importance accounts for the majority of the total financial civil complaints. Therefore, the study reviewed legislation direct to reduce insurance civil complaints of the total financial civil complaints. As the result, it suggested that the important details of the rules about obligations to deliver and explain standard insurance terms in commercial act should be concretely specified and the cancellation period should be within 1 month after knowing the facts, not 1 month after making the contract. Furthermore, it suggested that the duty to provide information that insurers grant chances to recognize information to policyholders should be defined and the details should be provided in the enforcement ordinance. In addition, it suggested that a cooling-off right should be defined by considering the point that Germany connects a cooling-off right to the duty to provide information and the effect to violate the duty.