日本 新保險法의 槪觀과 傷害保險에 있어서의 判例 動向分析

Insurance is a system introduced as part of social security measures prepared to facilitate the citizens' enjoyment of stable economic life by eliminating or mitigating the concerns on the uncertainties in anticipation thereof in the economic relations of them. As the principal enactment on insurance, Korea adopted the Chapter IV Insurance of the Commercial Code as law number 1000 in January 20, 1962. This law on insurance, after partial revision in 1991, has been enforced without any further amendment for more than two decades. Then in 2014, the law was revised fully by revised Commercial Code (enforced from March 2015) in currently effective version. Meanwhile, in case of Japan, Chapter X, Insurance of the Book II, Commercial Code was the main enactment until the revision of the Code in 2008. However, the chapter was separated to be constituted as an independent law under the name of Insurance Act after a century, when the Commercial Code was fully revised in 2008. This new Insurance Act was enforced on April 1, 2010, remaining effective in its currently effective version. This Insurance Act is systemized as the law on contract in the core contents, not only in Korea but also in Japan. And the contractual characteristics are differentiated from contracts on other laws, specifically being the “utmost good faith contract”. Therefore, in constitution and termination etc. of Insurance contracts, the responsibilities of explanation by insurer, responsibilities of notice by policyholder and responsibilities of altered and extended risks etc. operates as important factors. And also in the interpretation etc. of the Insurance contract comprising detailed provisions between the parties to the Insurance, so-called principle of “No amendment adverse to the policyholder etc.” applies whereby no special contract between the principal parties shall be effective to the disadvantage of the insured or beneficiary thereof. This thesis introduces the newly revised and enacted Japanese Insurance Act, as well as selects the judicial precedents rendered under the new Act. This thesis also selects domestic judicial precedents similar to the Japanese precedents and presents the development of logic by comparative jurisprudence review, and researches the ramifications that current Japanese legal system and precedents give for enhancement of Korean legal system. Especially, the research reviews on the two relevant judgments emphasize whether the insurance claim vests to inherited properties in any casualty insurance treated as personal insurance in its character out of casualty insurance, and if so, whether the development of logic thereof as such has any problem etc.