보험분쟁 해결을 위한 ADR 활용방안 연구: 공제분쟁조정위원회 조정사례를 중심으로

In 2023, insurance accounted for about 87.5% of all financial disputes (banking, small businesses and individuals, financial investments, and insurance), with 33,975 out of 38,848 total cases. This proportion is significantly higher compared to other sectors in the financial industry. Among insurance-related disputes, those concerning the calculation and payment of insurance benefits account for more than 67% of the total cases (22,846 out of 33,975). Despite the significant share of insurance disputes in the overall financial disputes, the current approach to resolving them is predominantly through traditional litigation, with Alternative Dispute Resolution (ADR) being underutilized as a means of resolution. Therefore, this paper aims to propose solutions for insurance disputes through a case study of the Compensation Dispute Mediation Committee, which operates under the Compulsory Motor Vehicle Liability Security Act, using ADR methods. Insurance disputes, particularly those related to claims and payments for car accidents, arise from critical factors such as fault ratios, income loss, and disability. To resolve these disputes, it is necessary to minimize conflicts through clear accident investigations, accurate income and disability documentation, and expert opinions. By determining a reasonable compensation amount through ADR mediation procedures, disputes between insurance companies (or mutual aid companies) and victims can be more effectively resolved. Additionally, resolving disputes through ADR is a fast and efficient method that can prevent many disputes through smooth communication and negotiation between insurance companies (or mutual aid companies) and consumers. While legal procedures or consumer protection agencies can offer solutions when disputes arise, using ADR is also a very useful method for resolving insurance disputes. This paper concludes by emphasizing the need for the active use of ADR in future insurance dispute resolutions.