중대사유에 의한 보험계약의 해지 - 일본 보험법 입법사례를 중심으로 -

Fundamentally, moral risk is lurks in insurance contract which its nature is aleatory contract and bona fide contract. Moral risk harms the insurer and transfers the loss to the members of dangerous group which is consist of a number of people in the same risk. It also demands the participants and the third parties of insurance contract to sacrifice their lives and property. These series of events eventually lead to the violation of the soundness of society. Each countries have been dealing with the risk through the various methods such as enactment of laws. However, as the volume and number of moral risk increases, more practical and innovative measures to prevent the moral risk are needed. In Japan, the 2008 Insurance Act provided the provision which states the 'termination of insurance contract clause based on the material grounds'. This provision is an enactment of the 'the special cancellation right' which has been recognized by both the court and the industry(term and conditions) up to now. The rationale of cancellation is that contractual parties those who failed to maintain a good relationship between them can no longer be able to maintain its contract. The ‘special cancellation right’ provision of Japanese Insurance Act is the only legislative case in the world. The insurance fraud problem in Korea is more serious than that of Japan. There are certain limitations to prevent the insurance fraud problem through existing civil act, commercial act, criminal act and special act on prevention of insurance fraud. In this research, I focused on the background of legislation, debates on issues, and the contents of Japanese law. This study will help to determine whether it is necessary for Korean government to adopt such clause in Korean law. In the following research, I will analyze Korea's serious problem on insurance fraud and propose the reformation of current law if it is necessary.