재보험계약의 최근 쟁점 연구

This article researches and reviews issues related to reinsurance payment claims in recent reinsurance contracts. Many of the recent related issues are cases where the reinsurer has an incentive to participate in accident handling under the primary insurance. In the past, it was common to leave the processing of claims under primary insurance to the primary insurer, but recently, the situation is changing. In cases where the primary insurance event is large and the reinsurer wishes to participate in handling the insured event, and in the event of the primary insurer's insolvency or bankruptcy, it is a matter of the reinsurer's responsibility. At this time, the issue is whether the insured under the primary insurance can claim reinsurance money directly from the reinsurer. Next comes the conclusion. In the event of bankruptcy of the primary insurer, the reinsurer's liability for compensation is the point at which the primary insurer assumes responsibility, and more specifically, when the liability of the primary insurer is confirmed through a trial, etc. In addition, even if the primary insurer becomes bankrupt or insolvent, the insured under the primary insurance cannot claim insurance money directly against the reinsurer unless there is a ‘direct claim clause’. Therefore, the provisions of Article 724 of the Commercial Act regarding the victim's right to make a direct claim under liability insurance for the purpose of protecting victims do not apply to reinsurance. However, as an exception, if the party to the reinsurance contract specifies the direct claim right of the primary insurance beneficiary against the reinsurer in a special contract, the primary insurer will acquire the right to claim directly. And unless a cooperation clause is included in the reinsurance contract, all authority over the affairs under the primary insurance lies with the primary insurer and not with the reinsurer. Article 724 of the Commercial Act stipulates that if the insured's debt acceptance is significantly unfair as a result of a violation of the obligation to cooperate under liability insurance, the insurer is exempt from liability for compensation, but this provision also cannot be applied to reinsurance. In a reinsurance relationship, the general principle is that the primary insurer actively handles the primary insurance relationship and the reinsurer follows his/her processing, so the primary insurer's obligation to cooperate cannot be recognized unless there is a special agreement. Ultimately, reinsurance contracts must be interpreted according to the language agreed upon and written by the parties in the reinsurance contract.