일본의 부실보험회사 정리법제와 비교법적 검토를 통한 부실보험회사 정리방안에 관한 연구

Discussions on the Korean resolution system for insolvent insurance companies have historically been guided by reference to the Japanese case. Recently, the insurance contract transfer system has drawn public attention as a resolution method for MG Insurance's insolvency, heightening the need for discussions on insolvent insurance company resolution approaches. Considering these points, this paper aims to conduct a comparative legal review of Japan's resolution legislation for insolvent insurance companies, derive its legal issues and implications, and discuss the necessity of legislating loss sharing, maintaining continuity of coverage, and establishing an independent policyholder protection mechanism. Regarding the continuity of coverage, it is noted that various laws and regulations concerning the resolution of insolvent insurance companies reveal their limitations. Consequently, it iss deemed necessary to enact special legislation for the resolution of insolvent insurance companies, similar to the Japanese approach, to address the limitations inherent in the existing legal framework for resolving insolvent insurers. For example, regarding insurance contract transfers, it is necessary to establish provisions in the special act that explicitly allow for exceptions to the clear limitation under the Insurance Business Act: 'Transfers and changes to conditions are not permitted if 10% of policyholders oppose.' Regarding the establishment of an independent policyholder protection mechanism, it is deemed desirable to protect policyholders and assign a leading role in the resolution of insolvent insurance companies to an entity possessing certain authorities, such as Japanese Life Insurance Policyholder Protection Organization or Non-Life Insurance Policyholder Protection Organization. This is because it is unfair for insurance companies to be bound by the integrated deposit insurance system in Korea and share responsibility with other financial sectors. This study points out the limitations of the existing administrative procedure-based insurance policy transfer method as a resolution system for insolvent insurance companies, as revealed during the resolution process of the Korean MG Non-Life Insurance. Based on insights gained from a comparative legal review with the Japanese legal system for insolvent insurance companies, it proposes specific legislative measures necessary for introducing a rehabilitation system.