스웨덴 보험계약법에서의 중과실비례보상제도에 대한 연구

Sweden is one of the leading European countries that has abandoned the so-called "Principle of All or Nothing" in insurance contract law and has codified a system of proportional compensation for gross negligence. This system allows insurance payouts to be reduced in proportion to the policyholder's degree of gross negligence, distinguishing such cases from intentional misconduct. The Swedish system was implemented in 2006 under the Insurance Contracts Act (2005:104, Försärskringsavtalslagen; FAL, ICA), which was enacted in 2005. Influenced by the Principles of European Insurance Contract Law (PEICL), the Act (FAL) aims to ensure both consumer protection with contractual equity. Chapters 4 and 6 of the Act contain provisions that address the reduction of insurance payouts in cases involving intentional acts or gross negligence, as well as proportional compensation in instances of violations of disclosure duties and safety obligations. (In particular, Section 5 of Chapter 4 stipulates that if an insurance event occurs due to the policyholder's gross negligence, the payout may be reasonably reduced. This reduction is designed to consider various factors such as the policyholder's age, the circumstances of the incident, and their level of awareness, thereby allowing for a nuanced assessment of compensation. Consequently, in cases of gross negligence, the law does not automatically exempt the insurer from liability but instead upholds the principle of partial compensation.) The system also corresponds to the principle of reduction in tort law, facilitating a substantive assessment of duty violations and a fair allocation of responsibility within insurance contracts. To this end, Sweden has developed a model for adjusting insurance payouts based on accumulated case law assessing degrees of gross negligence. Unlike the reduction models adopted in countries like Germany and Switzerland, the Swedish legal system employs a benefit allocation model, which incorporates both normative and subjective elements in assessing gross negligence. By reasonably regulating the policyholder's negligence while avoiding excessive penalties, the Sweden's proportional compensation system aims to ensure both the reliability and fairness of insurance contracts. This approach provides significant implications for future discussions on potential amendments to the Commercial Act in Korea.