중고휴대폰 보상서비스의 보험상품성여부에 대한 연구

The iPhone Club service that LGU+ and Brightstar Korea are providing in partnership has all the characteristics of an insurance contract including uncertainty of the fulfillment of contract terms, characteristic of a speculative contract, inequivalence of benefits and benefits in return, transfer and dispersion of risk, collectivity, payment of an amount equivalent to insurance premium and compensation benefits equivalent to insurance benefits, although it is sold under the title "service contract". Therefore, the indemnity of agreement of used smart phone must be interpreted as an insurance contract and must be subject to the Insurance Business Act. Proper supervision and regulation by the Financial Supervisory Authorities can ensure that consumers are adequately protected and that the insurance market currently at a disadvantage due to unreasonable regulatory arbitrage can grow in a balanced way. If supervision and regulation in accordance with the Insurance Business Act do not apply to the organizations that do business similar to insurance business, regulatory arbitrage will put insurance companies at a significant disadvantage in price competition with service providers such as Brightstar Korea. Supervision by the competent authorities provides thorough protection to the consumers of such a contract. In addition, adequate application of the Insurance Business Act to various future service contracts with the value of insurance contracts will prevent unreasonable market distortions due to regulatory arbitrage. In order for Brightstar Korea to continue to sell the iPhone Club Service, which can be seen as an insurance contract, it should be granted permission from the Financial Services Commission in accordance with the Insurance Business Act.