투명성과 보험모집수수료 공개 제도- 개정 보험업감독규정(2020.1.15. 개정)의 검토를 중심으로

Sales of insurance products are frequently pushed by insurance solicitors compared to other products where the commission system and payment method for solicitors is working as a strong impact on their sales incentives. Therefore, there exists a high level of conflict of interest among solicitors and contractors in the actual sales process. However, Korean laws have not played an active role in providing consumers enough information to help them to choose appropriate products. Having said that, recently Korean supervisors revised the insurance supervisory regulation (hereinafter, ‘regulation’) thereby aiming to improve legislation about solicitation commissions to enhance consumers' right to know and to reduce incomplete sales by solicitors. Nevertheless, under this revised regulation, there are still some limitations that the solicitation commissions are not disclosed enough, and installment payments method is just up to the solicitors’ choices, and the disclosure obligation about policy replacement is quite insufficient. However, it is difficult to resolve the conflict of interest against consumers even under the revised regulation as it lets the information about commissions remain vague where commission payments are permitted by insurance companies, not by consumers. Therefore, it is necessary to consider a relatively bold policy such as mandating more detailed disclosure of commissions, and revising regulations to reinforce disclosure obligations for solicitors’ offering of insurance contract change (policy replacement).