보험계약상 고지의무 수동화의 법제화 방안에 관한 연구 - ‘상법 일부개정법률안’에 대한 검토를 중심으로 -

According to insurance contracts, the insurant, etc. must notify the insurer of 'material facts' when signing insurance contracts. However, compared to the insurer, the insurant, etc. is at a very weak position in expertise and information regarding insurance, and it is difficult for them to know what are material facts thus must be notified. In particular, making such judgments have become even more difficult due to the increase of complex insurance products. Accordingly, foreign countries require the insurer, which is at a relatively superior position in terms of expertise on insurance, to ask questions about the main contents of insurance contracts. These questions limited to the major matters that must be notified so that the insurant responds to such questions dutifully. However, regulations in the Korean Commercial Law forces judgment and diligent execution of major matters to the insurant, and therefore, it has an irrational structure in which insurant is burdened with heavy duties and responsibilities. Therefore, it is necessary to make the duty of disclosure passive so that the insurer asks questions on material facts in signing insurance contracts as an insurance expert, and the insurant, etc. simply responds honestly to such questions. From this aspect, by comparing and reviewing the 'Commercial Law partial revision laws' related to the conversion of duty for disclosure to duty for response, this study suggested an advisable legislative implication related to the duty for disclosure for the healthy development of the insurance system and to protect insurance consumers.