제3보험 표준약관에서의 파생장해 평가기준 해석에 대한 연구

The Standard Insurance Clause of Disease and Injury Insurance, which is a standard Insurance Clause for the Type 3 Insurance, is applicable in April 2010. However, the classification table of Disability has been using for all life insurance companies and Non-life insurance companies since April 2005. Nevertheless, there are many disputes arising from the lack of interpretation criteria for the classification table of Disability. In the case of derivative disability, the confusion of the site is inconsistent because the calculation method of derivative disability is different, and the outcome of Financial Disputes Mediation Committee and the Supreme Court decide differently. In 2011, the Supreme Court calculated the highest rate of disability of Nervous system and the multiple derived disability from it in parallel, but in 2016 the Supreme Court calculated the highest rates of disability of nervous system and the sum of multiple derived disability. Nonetheless, there is still controversy over the payment of adequate insurance payments at the site. This paper presents the correct interpretation criteria of the classification table of Disability for determining the derivative disability and provides an improvement. It is time to revise the opinions of the insurance industry in 12 years reflecting changes of the medical environment and the change in relevant laws.