보험계약상 고지의무 위반과 기망행위에 관한 검토

Recently, as a matter of contract establishment, such as insurance contracts, the duty of disclosure has been discussed as a major issue. This is not only a matter of civil justice, but also a criminal area that has a lot of meaning in insurance fraud and so on. Basically, the insurance contract is characterized by the good faith, and it has various devices to guarantee them in relation to good faith. One of them is the highland duty system. Also, the accidental nature of accident is one of the important features of insurance contract. Therefore, it can be judged as a crime if the important things known are not reported to the truth or artificially manipulated accidents. In the past, the government reviewed civil contract termination and refusal of insurance payment as a response to violation of the duty of disclosure under insurance contracts, but recently it does not exclude possibility of criminal punishment such as fraudulent application through the Supreme Court judgment in 2017. In the meantime, the Special Act on Insurance Fraud Protection was enacted in 2016 regarding insurance fraud, but it did not establish a specific and concrete requirement for insurance fraud, and it did not make any major change in the existing judgment structure, so further review is required. Therefore, this paper intended to clarify the requirement of an insurance fraud by reviewing the scope of the expectation for violation of the duty of disclosure and the degree of recognition of the outcome, given that insurance fraud is established in the process of obtaining insurance claims by signing a contract, without deliberately notifying the other party of a mistake in relation to a breach of duty of disclosure.