해외긴급의료지원서비스사업의 무허가보험사업성 - 대법원 2014.5.29. 선고 2013도10457 판결 -

This paper aims at commenting Korean Supreme Court Decision 2013do10457 Decided on May 29, 2014. Korean Supreme Court and scholars have generally considered the definition of insurance business that it consists of (1) the transference of the risk, (2) the pooling of the risk, (3) the distribution of the risk. The Korean Supreme Court decided that when the corporation has given the transportation and sending back home service to the abroad dispatched employee at the cost of admission fee, it has not conducted insurance business. The Court applies the principal purpose doctrine which has been formed at American jurisprudence. The writer thinks that this decision elaborates the definition of insurance business in deciding that the elements of the insurance should be corporate’s principal purpose. Additionally Korean Supreme Court ruled that the meaning of ‘other pay’ at Korean Insurance Business Act Art. 2 (1) is applied when the service has been given in substitute of the money for the insurer or customer’s convenience. The researcher hopes that this decision should stir insurer’s innovation by developing new insurance products relating to other pay.