보험사기방지에 관한 연구- 설문 · 면담조사를 통하여 검토한 사기방지 방안의 보완을 중심으로 -

All human existences are competing with others in order to meet their desiresregardless that they may be good or evil. However, the way to satisfy the desiresshould be justifiable. Both the insured and the insurer are obliged to inform theother party of the real facts he knows himself. Therefore, the issue on insurancecrime, insurance fraud is not advantageous at all to any one side in insurancecontracts. No matter how noble concerning wealth and resources based on theologyor morality, fraud or deception cannot be justified generally. The receipt ofcommercial insurance money or public health insurance money through fraudulentacts can never be justified. Strong social sanctions are needed in this case. Thoughthere are some discussions about the issue if the Statute of Fraud applies toinsurance(life insurance) in the United States, seriousness of insurancefraud(insurance crime) is widely well recognized. So Insurance fraud is dealt withseverely(sometimes as felony). The developed countries such as Germany, Francehave severe civil or criminal punishments toward insurance fraud. In actual, insurance has had a major impact on the law of the society. Effects ofliability insurance is significant on tort law as well as on contracts, negligence,and other indemnity system. The opposition to piddling tort immunity is because ofthe possible insurance fraud of the insureds or the insurer abusing the immunity. In the US, insurance is closely related with the rental of the house, car and otherthings. Korea is no longer different. Thus, righteous operation of the insurancescheme is closely related with the task of developing soundly our whole legalsystem. In my opinion, Korea still falls short in controlling fraud in insurance contract law, insurance business law and private investigation business law as wellas criminal law. Often in the global insurance exchanges, emerges the differencebetween the national laws with the issue of jurisdiction. Therefore, in particularinternational insurance contract’s conclusion (including reinsurance), the default ofcontrolling insurance fraud in Korea would be regarded as the mark of legalsystem’s flaw. Thus, the Commercial Act(Insurance contract), the InsuranceBusiness Act, the Criminal Act and the Private investigation business lawregulating the fraud should be strengthened. In addition, social ethics should berestored to suppress the fraud.