계약해석과 보험법의 기본원리를 반영한 보험약관해석에 대한 시론

The interpretation of insurance policy should reflect general principle of the insurance. However, although existing discussions have reflected the understanding and information ubiquity in financial contracts as a special type of contract, there have been discussions that have not presented interpretation rules or standards that reflect the characteristics of insurance. In addition, discussions that can provide practical guidance on the order of various interpretation standards or the flow of thought presented as the principles of interpretation of terms and conditions of the insurance are necessary. In particular, in the case of our country, there were parts where it seemed that the discussions in Germany and the discussions in the United States were both presented and they were not established as our own interpretation rules and principles. The interpretation of terms and conditions of the insurance policy needs to be integrated into a single process as our own way to consolidate the traditional way of thinking which was developed and used to balance the protection of the contractor and the insurance company. With this problem in mind, I organized the flow of interpretation theory into three stages and presented the matters that the interpreter should consider in each stage. I believe that the three-stage criteria presented in this paper will be helpful in resolving cases in which the interpretation of insurance terms in the future. If the insurance terms are interpreted in a way that reflects the basic principles of insurance, additional discussions on the specific interpretation of insurance terms are necessary for each basic principle of insurance that functions as a limiting principle in interpretation.