자기신체사고담보의 안전띠 미착용에 따른 감액약관의 효력인정과 관련된 대법원 판례평석 - 대법원 2014. 9. 4. 선고 2012다204808 판결을 중심으로 -

Terms of impairment in relation to this issue is the insured event insurance seat belts at the time of the incident, the provisions of impairment agreement to pay as much as to reduce the error rate for the insurance in accordance with the michakyong expected progeny Law No. 732 Section 2, Article 739 trillion and the violation of Article 663 is a problem in that the ball will be invalid. But even if they did, the target sentence unbuckled, the thinking is that there is no deliberate practices of the insurance company pays the insurance is paid by mistake, dwaetdamyeo impairment impairment of benefits that were ruled in violation of the provisions of the Commercial Code. I consider that the Commercial Code Article 732 Clause 2, Article 739 Article intent is to protect the insurance beneficiary suggesting that even if the cause for the accident insurance in the event of gross negligence. But if to compensate for this effect unconditionally, without even Allway degree of negligence if it can not be ruled out the possibility of a mad gamble of insurance fraud. Commercial Law Article 663 and Article ppunyiji intended purpose is that you can not change the penalty to policyholders and by special agreement between the parties, mediated by them in accordance with the insurance accident insurance paid, but just enough to pay the reduced according to the ratio of the equivalent to the insured's negligence l could not just in principle can be made that even half of what they are allowed to change the above disadvantages. If in the future a similar controversy in the case of anticipated, because as we saw in the paper for the negligence legislative review of the regulations should be followed to reduce a portion paid by the insurance.