타인의 사망보험에 있어서 서면동의제도의 문제점과 개선방향

According to the Article 731 Paragraph (1) of Korean Commercial Code, a contract of insurance which cover the death of a third person as an insured event shall require the written consent of the third person at the time the insurance contract is concluded. Korean Supreme Court's Judgement related with the interpretation of the above Article is,「According to the Article 731 Paragraph (1) of the Commercial Code, in a life insurance contract for third person, the point of time until the insured should make a declaration of intention by written consent is "until the conclusion of the insurance contract," and this is a compulsory provision. Therefore, any insurance contract violating it is null and void. If there is no written consent of the insured at the time of concluding the life insurance contract for third person, that insurance contract is conclusively null and void. The insured's approval of the already void insurance contract cannot render the insurance contract valid」. The Supreme Court's such as Judgement have many problems and very disadvantageous to insurance consumers. The insurer has an obligation to explain the terms of the standardized contract to the insured and according to the article 95-5 of the Insurance Business Act, an insurance company or a person engaged in insurance solicitation shall verify conclusion of dual contracts. Therefore in a contract of insurance which cover the death of a third person, improvements of the written consent system is to the insurer shall bear duty to verify of the written consent the insurer.