상해보험의 운영현황 및 그 법률관계에 관한 연구

This article researched on the operation of accident insurance and legal relations, made evaluations and suggestions, and then proceeded to the conclusion. First, as of January 29, 2010, the regulations for enforcing insurance business supervision were revised and the standard terms and conditions for long-term casualty insurance were abolished and changed to the standard terms for disease and accident insurance. Without being. Currently, the auto-reduction agreement is used. The terms of the automatic reduction of the previous obstacle are excluded in the case of an injury'death', which was pointed out as a problem in the reduction terms even if it is the previous contribution, and unlike the reduction terms of the previous contribution, the terms of the automatic reduction of the previous obstacle do not reduce according to the causality rate. Can be positively evaluated. However, as an insurance consumer, it is necessary to establish a relationship with the notification obligation system in the sense that when the insurance contract is concluded, it is no longer a problem if only the notification obligations are faithfully fulfilled. In view of the fact that it is set as an immunity and requires clear demarcation, in the end, it is desirable that the insurer accurately reflects on the insurance premiums, etc. Second, although the provisions on life insurance are applied in accident insurance, Article 732 of the Commercial Act is not applied, but in the case of accidental injury and loss of mind and body in Article 732, the reasons for protecting them may not be the same as for death insurance. Therefore, it is possible to argue that it should be applied rather as a problem of moral danger. In the case of accident insurance, in the case of an insurance contract with them as the insured, it is necessary to restrict regulations such as limiting the beneficiaries or limiting the insured's treatment costs. Third, accident insurance contracts for others with different insurance contractors and insurance beneficiaries are valid. However, Article 733 (the right to designate or change the beneficiary of the insurance beneficiary) and Article 734 (notification of the right to designate the beneficiary of insurance) regarding the life insurance contract for others shall not be applied mutatis mutandis. There is no problem when the beneficiary becomes an insured person at the same time, but it is a moral risk that a third person who is not an insured person is an insured person. It is not feasible to receive it. Fourth, it is considered reasonable not to have duplicate insurance provisions in the standard terms and conditions of disease and accident insurance. On the other hand, the standard terms and conditions of the loss insurance are that the provisions for the sharing of insurance between the insurers are to be proportionately shared, in that the principle of compensation for loss insurance, which cannot be applied to the straight-line insurance, is applied to the loss insurance. The standard terms and conditions for loss medical insurance, which regulates the ratio sharing of provisions for the sharing of insurance funds between city insurers, are evaluated as establishing the correct legal relationship. For the same purpose, it is judged that there is no problem in allowing loss insurance under the terms of the policy.