보험사기방지특별법에서 고지의무 위반의 적용

Recently, it has been proposed prevention measures through legislative measures to prevent insurance fraud. It is The special Act to prevent insurance fraud or The insurance fraud prevention act. However, this method has several fundamental issues to prevent insurance fraud. First, it did not provide sanctions against the insurer's improper payment delays and payment refusal may lead to cause controversy equity. In addition, because the scope of insurance coverage and the crime of insurance fraud is not a clear distinction is susceptible to confusion. The scope of insurance fraud, insurance fraud and crime is not the same, it shall be limited in accordance with the specificities of insurance. And this type of insurance fraud should be divided differently. The Insurance fraud and other financial fraud should be handled. Restrictions or limitation the scope of this is related to the provision of a device which can pro-actively block opportunistic insurance fraud. Especially in this paper, it identified the problems between the application of the duty of disclosures and the Act of the policyholder.　If the Insurance fraud prevention act has a comprehensive definition, non-disclosure of such policyholders are could be a fraud by inaction that is punishable target is a serious problem.　To prevent this, the possibility of a breach of the duty to disclosure is to be judged by this Act of fraud to be minimized. The problem that the amendments of the duty of voluntary to a passive obligation, should be considered seriously.