보험설계사의 고지수령권 부여 방안의 검토

Insurance planners are people who are under insurance companies, insurance agencies or insurance broker companies that broker the signing of insurance agreements and who are registered with the Financial Services Commission. Accordingly, theories and case rulings identified insurance planners as persons having the status as ‘brokering or mediating’ signing of insurance contracts without possessing notification reception rights as well as the right to conclude contracts. But in reality, insurance planners play a significant role not only in the insurance contract conclusion stage, but throughout the entire insurance contract process such as providing information and counseling on the terms of the contract after concluding the insurance contract, consulting in the case of accidents covered by insurance, submission of documents to claim insurance payments, etc. Therefore, insurance consumers often believe that insurance planners have considerable authority delegated from the insurance carrier and provides announcements and notifications to the insurance planner during the course of concluding the insurance contract. However, because insurance planners do not have the right to conclude contracts, they also do not have the rights to receive announcements and notifications, and this has can lead to problems such as the insurance carrier cancelling insurance contracts due to non-execution of duties of notification in the future, thereby preventing insurance subscribers, etc. from receiving proper insurance coverage. It appears that denying notification reception rights to insurance planners, who are closely related to the sales of insurance products, is harsh for the insurance subscriber. It would also be problematic to grant notification reception rights to insurance planners for all insurance products considering the current way that business is performed. It is thus necessary to search for plans to determine how to acknowledge notification reception rights depending on the type of insurance contract such as life or medical insurance that requires diagnostics first. In other words, life and medical insurance should be distinguished as diagnosis insurance and non-diagnosis insurance depending on whether the insurance subscriber received medical diagnosis. First, in the case of ‘non-diagnosis insurance’, because it is judged according to the risk element questionnaire filled out by the insurance subscriber, it should be fine to acknowledge notification reception rights to insurance planners. In the case of fixed household insurance such as fire insurance or automobile insurance, there is little possibility that the insurance carrier will deny taking risks, and therefore, it should be fine to grant notification reception rights to the insurance planner.