고지의무 이행자에 대한 계약전발병부담보

Commercial act provides the termination of contract due to breach of duty of disclosure. Most insureds think that they perform the duty if they fulfil written questions made by the insurer. However, in many cases the insured does not receive the insurance payment on the ground of pre-existing conditions. The general condition provision excludes a disability or illness that results from a disease or injury that occurred before the policy was issued, unless the disability or illness resulted from a disease or injury specifically named or defined in the policy. Such clause contrary to the reasonable expectations of the insured and reduced the effect of incontestable clause. That clause limit the time in which an insurer may contest the validity of an insurance policy based on material misrepresentations made by the insured during the application process. Even if pre-existing clause is inevitable, it is necessary to mitigate the rigor as other countries' tendency. This paper emphasizes that it is necessary for the insure to give sufficient explanation to the insured concerning the clause when concluding the contract.