보험사기의 예방에 관한 논의: 계약법적인 차원에서

This study concentrates on the insurance fraud that the insured, the assured or thebeneficiary use insurance with unjust means, to make money. There are various types including offraudulent 'over insurance', fraudulent 'double insurance' and fraudulent insurance claim. In relationof the revision of part IV(insurance) commercial code, § 655-2 should be added to stipulated thatan insurance contract shall be void if the contract was entered into due to the insured's fraud, butinsurer can demand the premium until he becomes aware of that fact. § 657-2 should be added tostipulate that the insured's claim shall be forfeited if he forged the documents or evidences relatingto the notice of loss or the insurance claim, or if he drew up the false documents, or if he rejectedor avoided the accident investigation without a good reason. The revision of § § 655-2 and 657-2commercial code is very to the disadvantage of the insured, the assured and the beneficiary. Thevanity of the insurance contract(§ 655-2) and the forfeiture of claim on sum insured should beexpected. In this paper are treated the prevention from insurance contractual fraud and thedeficiency of insurance contract law. Some suggestions for improvement of insurance fraud are provided in this paper.