보험사 기초서류준수의무 위반 관련 과징금제도 개선방안에 대한 연구

Insurance products have the characteristics of intangible goods (legal instruments). Considering the characteristics of these insurance products, the current Insurance Business Act stipulates obligations related to basic documents on insurance products that insurance companies intend to handle. Based on this, there are various regulations under the Insurance Business Act, such as the obligation to comply with basic documents, management standards and the principle of change in preparation. If an insurance company violates the above basic document-related obligations, it will be fined as an administrative sanction, and in practice, the violation of the obligation to comply with basic documents is usually used by supervisory authorities as a means of sanctions related to non-payment of insurance payments. However, the problem is that the standard for calculating fines under the Insurance Business Act is set at a uniform standard of less than 50/100 of the annual income insurance premium, causing an excessive or understated problem of imposing fines. These penalty calculation standards can raise problems such as uniform sanctions and violation of the principle of clarity and there is a need to improve them. Thus, this paper examined the problems of the penalty regulations for violations of basic documents-related obligations under the current insurance business law and suggested a plan to subdivide the imposition of fines and improve the calculation standards, and to unify minor violations of the law. Since the uniform standard of the penalty calculation standard is contrary to the principle of clarity and prohibition of excess, it is necessary to subdivide the penalty and review the calculation standard, especially in important cases related to the protection of policyholders such as unfair behavior related to insurance payment. Next, in the case of unification through the imposition of fines, it can be seen that in accordance with the form of regulations on the supervision of Chapter 7 of the current Insurance Business Act and Insurance Business Supervision Regulations, the supervisory authority is exercising the supervisory authority in consideration of both the supervision of violations of the law and the supervision of the financial aspect. In consideration of this aspect, if an insurance company intentionally or negligently commits a serious violation of the law, such as non-payment of claims paid, it is necessary to clarify the calculation criteria, such as the amount of economic gains obtained from the violation of the law. On the contrary, it was considered desirable to impose a flat penalty on minor violations of the Insurance Business Act, which do not constitute a serious violation of the law, by regulating them as violations of order.