보험법상 수술의 개념과 작성자불이익원칙

In modern times, the personal insurance plays very important role for the welfare of citizens. Especially, the disease insurance is to afford insurance money in case of insurance accident(disease). In recent times, new surgery methods are developed. The korean supreme court decided that an embolus surgery and macular grid laser treatment satisfy surgery definition. But the question wether ommaya reservoir insertion is surgery or not, is very difficult to answer. The present definition of surgery in standard contract terms exempt nerve block, aspiration suction and venipuncture out of surgery definition. According to the interpretation of contra proferentem, it is difficult to give insurance money in case of ommaya reservoir insertion yet. In germany, collective consumer action is in progress. By the collective consumer action, the disadvantageous interpretation to consumer should be adopted. But in individual action, the advantageous interpretation method applies. In progress of technology new surgery method will be also developed. The standard contract terms should reflect the new surgery method rapidly. The appropriate adjustment of standard contract terms is namely very important. We should solve the definition problem about surgery in disease insurance rationally. Through it, the consumer protection will be realized in the field of disease insurance. Scholars and insurance businessmen should try simultaneously for this achievement.