미성년자인 타인의 상해보험계약-서울중앙지법 2014. 7. 8. 선고 2013나43894 판결(종국)-

In recent case(2013Na43243894), the Seoul central district court judged whether commercial act art.739 apply strict to an accident insurance contract of third person who is minor. The commercial act art.739 provided that the provision concerning life insurance except article 732 shall apply mutatis mutandis to accident insurance. And art.731 concerning life insurance provided that 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. The court made a division the accident insurance two types and treat differently. One is "agreed amount" type accident insurance and the other is "indemnified the loss" type accident insurance. The court judged the written consent of third person is not requirement in the later type of contract. The seoul central district court followed the supreme court decision(2011Da9068). The writer supposed that this supreme court decision is the first case that adapt civil act art.137. in the interpretation of insurance contract. Judging from this, in a case where it is deemed that the justice act would have been done if the null part had not existed, then the rest of the act shall not become null. In result, according to the supreme court's decision, in that case of several difference risks insured in one accident insurance contract, whether mutatis mutandis art.731 depend on the characteristic of each insured risks. The writer emphasize that sec.739 should be amendment.