보험계약조건의 변경 - 2003년 일본 보험업법의 개정을 중심으로 -

• 영문명: The Alteration of Existing Insurance Contract Basis -Focus on the Japanese Insurance Business Law amended in 2003-
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김선정(Sun-Jeong Kim)
• 간행물 정보: 『비교사법』비교사법 제11권 2호, 17~48쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

Japanese financial supervisor adopted the "Alteration of existing insurance contract basis" system through the amendment of the Insurance Business Law in 2003. It means that the life insurance company have the right to cut down the assumed interest rates of existing insurance contract to avoid the insolvency or serious financial impaired condition. This negative spread generated from the impact of low market interest rates and become uncontrolled market risk to Japanese life insurance industry. The Korean life insurance company also suffer from the negative spread, especially since IMF crises in 1997. This paper described the Japanese situation and the debates on the amendment of law. And the writer review the possibility of amendment of Korean Insurance Business Law. The Writer disagree with the opinion about §131 ③ of Korean Insurance Business Law is same contents of §2～13 of 240 of Japanese Insurance Business Law. And emphasize that the concerned person have to analyze throughly the insurance companies financial situation before the amendment of law.

목차

Ⅰ. 서론

Ⅱ. 일본 보험업법상 보험계약조건변경제도

Ⅲ. 우리 보험업법에의 시사점

Ⅳ. 결 론

參 考 文 獻

【ABSTRACT】