보험법 개정에 부쳐

• 영문명: Concerning the Revision of Part Ⅳ(Insurance) Korean Commercial Act
• 발행기관: 한국보험법학회
• 저자명: 양승규(Yang Seung Gyu)
• 간행물 정보: 『보험법연구』제1권 제1호, 1~12쪽, 전체 12쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

Part Ⅳ(Insurance) Korean Commercial Act, enacted in 1962, was revised in 1991 with Part Ⅴ(Maritime Commerce), and I drafted the revised bill as member of Revision Committee. But, since the enforcement of the Revised Act, it is a pity that the court construes the revised provisions, for example, Article 638-3(Duty to Deliver and Explain the Policy Conditions), differently from the drafter's intentions. Therefore I think it necessary to re-revise the concerned articles definitely beyond dispute. Moreover, on the contrary of the court's judgements, I do emphasize as follows for the next revision of Part Ⅳ Korean Commercial Act. 1. In §638-3 it should be construed that policy conditions applies to insurance contract, unless the insured cancels the contract within one month from the contracting date, by reason of insurer's breach of the duty to deliver and explain the policy conditions. 2. In spite of the words of §650 Ⅱ, the forfeiture clause of Policy Conditions, which forfeits insurance contract unless the premium installments subsequent to the first one were paid during the days of grace, should be construed as valid. 3. It is unreasonable that the automobile liability insurance should cover the industrial accident, although the industrial accident is caused by the automobiles. According to Patterson's classification, in my view, the industrial accident is not an exceptions but an exclusions in the automobile liablity insurance. 4. In spite of the words of §732-2, the loss occurring while the insured is doing such felonies as drunken or unlicensed driving should be excluded from the personal accident insurance coverages.

목차

Ⅰ. 머리말

Ⅱ. 보험법 개정사항과 관련하여

Ⅲ. 맺는말

키워드

상법 제4편 보험법 보험계약법 개정 보험의 원리 약관의 교부ㆍ명시의무 실효약관 자동차책임보험 산업재해사고 무면허ㆍ음주운전 책임면제사유 담보위험제외사유 Part Ⅳ(Insurance) Korean Commercial Act Insurance Law Insurance Contract Law Revision General Principles of Insurance Law Duty to Deliver and Disclose the Policy Conditions Forfeiture Clause Automobile Liablity Insurance Industrial Accident Unlicensed or Drunken Driving Exceptions Exclusions