프랑스, 일본 보험법상 보험자의 정보제공의무의 시사점

Under the Korean Commercial Act section 638-3, Act on the Regulation of Terms and Conditions, Insurance Business Act, Regulations on the Insurance Business Act, the insurer shall provide key summary on each insurance product, explanatory note of insurance product, prospect, stated matters on insurance terms and conditions regarding the insurer’s duty to provide the information. Under the French Insurance Act, the life insurer’s information duty was initially enacted in 1981, and the indemnity insurer’s duty was provided in 1989, the insurer’s regulatory information duty has been frequently updated. In Japan, the insurer’s comparative explanation matters, the issues on sale recommendations, outline of insurance contract, matters on insurer’s duty to attract attention to the insureds have been in detail provided in the laws and regulations. Recently in Korea, the insurer’s information duty issue has significantly been discussed on the immediate annuity case, this paper aims at suggesting the lessons on the insurer’s information duty based on the study of French, Japanese insurer’s information duty. The lessons from the insurer’s duty of explanation and advice in France is as follows. First, the French Insurance Act L. 520-1 provides that the insurer shall explain the intermediaries’ grounds of advice, the insured’s necessities and requirements, but court cases do not recognize the insurer’s information duty on the insured’s opinion because of insured’s self-responsibility principle. The author thinks such matters should be taken into account in our law revision and interpretation. Second, the French Insurance Act strongly regulates ‘note of information’ in life insurance, the writer argues that such trends should be introduced in our practice. Third, the Korean Commercial Act section 638-3 provides that if the insurer violates explain important terms and conditions, the policyholder may cancel the insurance contract within three months from the date the insurance contract takes effect. the French Insurance Act L. 132-5-1 provides that life insured’s cancelling period should be differently determined, that is (1) 30 days from the insured’s knowledge on the concluding of insurance contract, (2) 10 years from the insured’s knowledge on the concluding of insurance contract in case of non-delivery of note eof information’, The author agrees with the introduction of such intent. Japanese regulatory insurer’s information duty generally is similar to our system, Korean law and practice should introduce Japanese recently updated matters as follows. First, Recently revised Japanese Civil Act introduces the inclusive requirements of formal terms and conditions, the writers thinks that such a regulation would be good lessons to our law and practice. Second, the Japanese Regulations on the Insurance Business Act in detail stipulates the outline of insurance contract, matters on insurer’s duty to attract attention to the insureds. the writers thinks that such a regulation would be useful to our law and practice. Third, Japanese court cases does not directly recognize the insurer’s duty of advice, but they have recognized the violation of insurer’s duty of explanation, in case that the insurer does not explain the insureds the insurance products which are not suitable to insured’s needs. The author argues that Japanese law and practice would be very helpful to solve our immediate annuity problems. Fourth, the Japanese Insurance Business Act section 283 which provides similar phrases and terms to the Korean Insurance Business Act section 102 has been mainly applied to the violation of insurer’s explanation duty, and it divides the types of insurer’s liabilities for damages into restoration damages and execution damages. The writer argues that such a division would be very helpful to solve Korean recent immediate annuity problems.