보험계약 이전 제도의 문제점과 개선방안

As recently reported in the media, the transfer of the insolvent MG Non-life Insurance contracts currently being promoted will allow the policyholders to maintain their existing products as they are, except that the insurance company paying the insurance premiums will change, as the insurance contracts held by the policyholders will be transferred to the bridge insurance company and the five major non-life insurance companies without any changes in terms such as insurance premiums, coverage, and the date of maturity. However, the current method of contract transfer may cause moral hazard inherent in policyholder pro- tection if the insurance contracts of insolvent insurance companies are transferred to sound insurance companies. In order to prevent such moral hazard and secure sustainability through sound management of insurance companies, it is necessary to improve the legal system that regulates the transfer of insurance contracts through voluntary and man- datory transfers. In the case of voluntary transfers, the Insurance Business Act should be revised to facilitate smooth reorganization of insurance companies. In addition, when establishing the basis for forced transfer under the Insurance Business Act, it is necessary to consider the constitutional aspect and the principle of prohibition of blanket delegation when clearly stipulating in the law the cases where the application of the provision regarding “transfer and change of conditions are not possible when 10% of policyholders object” can be exceptionally excluded. Meanwhile, in the case of forced transfer of insurance contracts, it is possible to consider a plan to newly establish a provision that requires a change in contract conditions (loss sharing) when providing financial support for restructuring involving contract transfer through revision of the Deposit Insurance Act. If this is legislated, the legislative intent can be found in the fact that when the Deposit Insurance Fund provides funds to a rescued insurance company, from the perspective of protecting policyholders, it is necessary to prevent losses to the Deposit Insurance Fund by improving the problem of policyholders of insurance com- panies that are operating soundly bearing the cost of protecting policyholders of bankrupt insurance companies. Now that the insurance contract transfer system has become virtually obsolete, it is necessary to consider environmental changes in the insurance industry due to the low birth rate and the aging population and to promote sound management of insurance companies. To this end, the method of forcibly transferring the insurance contracts of insolvent insurance companies to sound insurance companies by order of the supervisory authority should not only consider the aspects of smooth structural improvement and minimizing damage to policyholders of insolvent insurance companies, but also the management soundness of the sound insurance company that takes over the insurance contracts of insolvent insurance companies through the forced transfer order and the fairness of protecting all policyholders.