보험약관의 교부 설명의무위반과 그 효과의 문제

• 영문명: A Study of Duty to Deliver and Explain Policy Conditions
• 발행기관: 원광대학교 법학연구소
• 저자명: 황근수(Hwang, Geun-Soo)
• 간행물 정보: 『원광법학』제24권 제4호, 439~463쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

The Insurance Contract Law of korean Commercial Code has been revised in 1991. Commercial Code §638 is the article of insurance contract between the insurer and the insurant, there are several problems about §638-3(the policy delivery and explain) in case and practical system. The korean Commercial Law which is a general law on insurance contract is different one from the Regulation Law §3 on exceptional provisions and effective ones. The contract has been applied with the case in the practical business, The effect of the Regulation Law and Insurance Law Infringement is different by the case in the court. The Commercial Law codified that insurer should deliver the insurance policy and explain the important fact of the provisions to the insurant in korean Commercial Code §638-3 ①․②. The insurant could cancel the insurance contract within a month to infringement. However, the Regulation Law §3④ stipulates that couldn't insist on the contract in this case in Korea. The questions are followings. ① the insurance policy delivery and explain, ② the term of the insurant's(insured) canceling the contract within a month, ③ the legal questions unless the insurant cancels the contract and ④ basic regulations of exemption by the case. The title of korean Commercial Law §638 clears on proper regulations in 'deliver and explain' and the initial date in reckoning of canceling the contract must be revised ‘the date of receipt of insurance policy' and further the contract followed the policy unless the insurant cancel the contract. Moreover, the basis of exemption requires to codify on Commercial Law in conformed with the case and the practical business in advance. In relation to this, the Revised Draft in Commercial Law has been arranged in 2008, but 'explain important fact' and 'expansion of cancel term' §638-3①② have been amended only. I think that the contract law of Commercial Code requires to be revised on taking the insurer's and insurant's interest into account, and in conformed with the cases and practical business of insurance in the future.

목차

Ⅰ. 머리말

Ⅱ. 약관의 교부ㆍ설명의무

Ⅲ. 교부ㆍ설명의무위반의 효과

Ⅳ. 향후의 개정방향

Ⅴ. 맺음말

참고문헌

Abstract

키워드

상법 보험계약법 보험약관 약관 교부ㆍ설명의무 의무위반 효과 면책조항 Korean Commercial Code Insurance Contract Law Insurance Policy Deliver and Explain Duty Effective of infringement Exception Clause