전자문서를 이용한 보험계약의 법적 쟁점 - 타인의 생명보험계약에서 동의 방식을 중심으로

Life insurance contract for other insured person is referred to as the insurance contract in which a person makes life insurance contract for other person as the insured. If the life insurance contract for other insured person is admitted unlimitedly, the moral risks such as murder of the insured person may be caused. Thus, according to article 731, paragraph 1 in the commercial act, if the contracting party is different from the insured, the ‘written consent’ of the insured person is required. Due to its high level of rigorousness, the life insurance contract for other insured person may include various legal issues. This study addresses the issue whether ‘electronic documents’ being variously used in insurance practices can be used as the ‘written consent’ which is the agreement method of the life insurance contract for other insured person. When the commercial act was amended in 1991, the contract of life insurance shall require the ‘written consent’ of the insured person. With recent development of ICT, various electronic means are utilized in a variety of processes such as insurance contract. Thus, some assert that agreement methods for life insurance contract for other insured person must be changed. The insurance contract could be made by electronic means according to electronic document and digital signature act. However, when the purpose of legislation is considered to prevent the moral risks in the life insurance for other insured person, it is difficult to accept that the life insurance for other insured person is valid by simple agreement via the electronic means. Thus, the commercial act shall be amended to allow the other insured person to give the consent via the electronic document.