｢보험사기방지 특별법｣에 대한 평가와 개선방향

• 영문명: A Study on the Criminal Provisions in “Special Act on Insurance Fraud”
• 발행기관: 한국형사정책학회
• 저자명: 오병두(Oh, Byung Doo)
• 간행물 정보: 『형사정책』刑事政策 第28卷 第3號, 297~322쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

This paper deals with the criminal provisions in “Special Act on Insurance Fraud” (hereinafter as “SPIF”), which was promulgated on March 2016. It is explained that its main purpose is to facilitate the prevention of the insurance fraud by introducing the criminal provisions to punish it more harshly from the standpoint of the general prevention, and by making it easier to investigate it. The author examines the criminal provisions in SPIF, both substantially and procedurally, and finds out its legislative purpose is not fully accomplished owing to its shortcomings. Substantially this Act is almost the same as the existing criminal provisions against the insurance fraud in “Criminal Act” and “Act on the Aggravated Punishment, etc. of Specific Economic Crimes”, except for the amount of fine. And it is true that SPIF may newly stipulate the procedures for investigation of the insurance fraud, but in reality this provisions would make really no material differences in the present practice. Consequently, it is foreseeable that SPIF would be called for revision sooner or later, because of its legislative flaws. Finally, the author criticizes the biased criminal policy in the interests of the insurance companies that leads to the inherent shortcomings of SPIF, and makes several legislative proposals as conclusion.

목차

Ⅰ. 들어가며

Ⅱ. ｢보험사기방지 특별법｣의 제정경위

Ⅲ. ｢보험사기방지 특별법｣상 형사법 규정에 대한 검토

Ⅳ. ｢보험사기방지 특별법｣에 대한 평가와 개선방향

Ⅴ. 나오며

키워드

｢ 보험사기방지 특별법｣ 보험사기 보험범죄 보험사기죄 일반예방 Special Act on Insurance Fraud Prevention insurance fraud insurance crime the crime of insurance fraud general prevention of crime