고지의무 수동화 도입과 마이데이터 사업 관련 법적 연구 -독일 보험계약법상 고지의무 수동화를 중심으로-

The debate over passive duty of disclosure, which would limit the voluntary disclosure obligation of policyholders to a mandatory response obligation by insurers, is reigniting. Given that passive duty of disclosure has already been legislated in other countries, there is growing support for a shift in Korea’s legal framework, shifting from the current system to a future model where insurers ask questions and policyholders answer. While the argument for passive duty of disclosure is gaining traction due to technological advancements and the fact that insurers have somewhat resolved information asymmetry, there are still unresolved issues surrounding the use of medical data. While insurance companies can participate in the recent medical my data project, which allows third-party provision of medical information, it is limited to “health maintenance/promotion and disease prevention purposes,” preventing its use in verifying breaches of the obligation to disclose during insurance underwriting or reimbursement. Given the limited scope of information available, its use in the insurance industry is expected to be limited under the current regulatory framework. The argument that the manualization of the mandatory notification system should be legislated without first assessing the risks associated with the hasty implementation of the passive duty of disclosure system without complementary measures and discussing fundamental solutions to address information asymmetry is unwarranted. This paper considers this point and advocates for the adoption of the passive duty of disclosure system while advocating for insufficient legislative improvements.