보험자의 정보제공의무에 관한 영국, 독일 및 유럽보험계약법 준칙의 비교 분석에 관한 연구 － 우리 상법상의 약관설명의무를 비교대상으로 하여 －

The problem of asymmetry of information between insurer and insurance consumer has been increasing. To solve this, Germany and European Union have made or reinforced insurer's duty to provide information by legislation. These legislation will play important role for model as regarding this issue. The insurer's duty of disclosure in the U.K. has been accepted by courts, even though it is not prescribed in the relevant laws. The insurer's duty of disclosure is easily recognized by the principle of utmost good faith in insurance contract. Our Commercial Law Part IV contains the insurer's duty to explain clauses of insurance. In addition, our Insurance Business Act deals with the insurer's duty to explain. It is true that the insurer's duty to provide information in the German insurance contract law is prescribed in details. However, there are some criticisms about the too much wide range of the duty, which may contain the information that does not directly influence the conclusion of insurance contract. In addition there is also ambiguous expression in the provision, which surely will bring about the confusion in interpretation of the provision. Furthermore, it is also true that business expense of insurance company will be increased by making some duties which can be accepted without difficulties from the principle of utmost good faith in insurance contract legal duties in the insurance contract law. As far as the insurer's duty of disclosure in the U.K. is concerned, there is no clear criteria to decide the scope of the duty. Also there is a weakness that claim for compensation of damages as an effect of the breach of the duty is not accepted by the courts. The revision of the insurer's duty to explain clauses of insurance in our Commercial Law Part IV is urgently needed in order to cope with the tendency of modernization of insurance contract law, extending its scope to general duty to explain in contract.