보험금 지급지체에 관한 영국보험법의 보험자 손해배상책임 최신 동향 및 일본보험법의 보험급여 이행기 연구

Although insurance payment is the primary obligation for insurers and will be the ultimate purpose of insurance subscription for insurance consumers, research has been conducted on the exemption of insurance payments so far, and it seems that there has been relatively little research on the timing of insurance payments. The exemption from insurance payments is important for insurance consumers, but the prompt payment of insurance payments is also very important. Article 658 of the Commercial Act stipulates domestic insurance payment obligations separately as cases where there is a contract period for the payment deadline and cases where there is no contract period. The insurance calculation period is not stipulated, and there is no liability for insurers even if it is delayed while abstractly deciding on insurance payments "without delay". Therefore, the claimant cannot predict the insurance payment date, and even if it takes a long time, it has an unfavorable result that only the insurance consumer unilaterally bears the damage. Since there are no sanctions for violations of the obligation to pay insurance, and there are no restrictions on the deadline for calculating the insurance amount, the insurer may unreasonably delay the loss situation. A representative case of delayed insurance payment is the UK's Sprung v. Royal Insurance (UK) Ltd. case, which served as an opportunity to amend the British Insurance Act due to a legal problem in which the insurer is not liable for damages even if the insured goes bankrupt due to a delay in insurance payment. However, if this case occurs in Korea, the current domestic situation is that the insurer does not incur any liability like in the past in the UK. Such problems with the timing of insurance payments were pointed out early in the UK, and the British Insurance Act and Japanese Insurance Act reflected this and revised it. Accordingly, the timing of insurance payment under the British Insurance Act and the Japanese Insurance Act is reviewed by comparing it with the domestic commercial law, and domestic implications are suggested through trends on the current insurance payment timing after the revision. In order to improve the delay in insurance payment, first, the problems of domestic laws of delay in insurance payment are identified. Second, along with the background of the revision of the British insurance law, the implied conditions of specific insurance payments, a reasonable period, and the interpretation of reasonable grounds are reviewed. Third, the background of the revision of the Japanese insurance law, the period of implementation and liability for delay in insurance benefits, and the impact after enactment are reviewed. Finally, domestic implications of the timing of insurance payments under the British Insurance Act and the Japanese Insurance Act and comprehensive matters to improve insurance payment delays are reviewed. It is hoped that this study will help improve the timing of unfairly delayed insurance payments.