단기간의 다수보험가입과 보험계약 무효 여부 -대법원 2020. 3. 12. 선고 2019다290129 판결에 대한 평석을 중심으로-

The insurance system serves as an economic buffer for people to prepare for emergencies. However, it is a problem that some people misunderstand the insurance system and subscribe to too many insurances to seek economic benefits through insurance that does not fit the purpose of the system. Insurance systems are characterized by speculative nature, goodwill, and contingency, so if a party intends to abuse it for evil will, it can become a big social problem, and some lead to crime. Signing multiple insurance contracts is not itself a problem. However, in such cases, there is a high possibility that the insurance system will be abused. In the case of multiple insurance contracts, there are actually many cases that lead to excessive claims of insurance premiums. Particularly, it is difficult for insurers to confirm that those who sign multiple contracts often subscribe to multiple insurance companies separately rather than intensively subscribe from one insurance company. Accordingly, it is necessary to confirm the subscription information through associations or organizations that intensively manage insurance subscription information to the extent that it does not violate personal information protection. In addition, it is necessary to actively check whether or not to subscribe to double insurance when signing an insurance contract. In the case of a dispute in an actual lawsuit, the principle of libertarianism is applied, so in the case of concluding multiple contracts, it is possible to determine whether the insurance system is abused against the principle of good faith through attacks and defenses against the average monthly income and insurance premiums. In this case, the data must be secured to the tax office, the Insurance Development Institute, and each insurance company through fact-finding and document submission order system, and submitted to the court within the scope of not violating personal information protection. The Financial Consumer Protection Act, which takes effect on March 25, 2021, regulates financial education support and the establishment of the Financial Education Council (Articles 30 and 31). Accordingly, the Financial Services Commission must establish policies and develop programs for financial education, and conduct an investigation on the financial capabilities of financial consumers every three years, and may entrust this to the Financial Supervisory Service and related institutions and organizations. It also stipulates the Financial Education Council as an organization for deliberation and resolution on matters related to financial education. It is necessary to reinforce education in schools at each level to enhance understanding of such financial education and insurance systems. In addition, it is also necessary to actively promote the harms of abuse of insurance, its seriousness, and the resulting disadvantages, and to carry out a campaign on a large scale at the level of the association. To the extent that insurers do not harm personal information protection, it is also necessary to select the multiple contracts that abuse the insurance system in the underwriting process using existing insurance subscription information so that they do not sign up. In order to curb insurance abuse through multiple contracts, it is important to establish a cooperation system between related organizations. Additionally, for this purpose, it is necessary to establish an integrated ‘government-wide countermeasure organization’ and grant this organization the right to request data. At this time, a ‘pan-government countermeasure organization’ must act as a control tower to prevent insurance abuse such as insurance fraud. When these measures are combined with a change in the public’s perception of the insurance system, there will be results in suppressing unfair multiple contract abuse and performing insurance’s original function.