The insurance system is intended to prepare for the occurrence of accidental accidents. However, there is always the risk that insurance contracts will be exploited for speculation or gambling purposes, such as intentionally causing an insurance accident by exploiting the gambling nature of an insurance contract, or attempting to illegally take out
insurance money by impersonating an insurance accident. In the case of insurance fraud, there is a possibility that the insurance contractor will double the number of insurance contracts, especially in the case of private insurance. In order to prevent the moral hazard that may occur in such cases, It is necessary to take measures.
Although the attitude of the insurance agent reporters as criminals is changing somewhat recently, the reporters of soft insurance companies are still tolerant of punishment, and in parallel with the prevention and countermeasures on the civil level. In this respect, it is very fortunate that the Supreme Court has been moving away from the
one-time attitude of neglecting the claims of insurance companies in the past for a number of contracts and recently setting concrete standards for circumstantial evidence to recognize the purpose of fraudulent acquisition something to do. In addition, if the insurance contract is invalidated as a result of the violation of Article 103 of the Civil Act as in the case of the object judgment, the provision of the legal basis for claiming the insurance claim for the unjust beneficiary is a desirable direction to secure the goodness of the insurance contract I think.
In this paper, we consider the life insurance for others as a contract for a third party, but also examine the judgment of the Supreme Court, which is different from the judicial approach of returning the unjust gain due to the invalidation of the contract. And to examine the requirements and effects of the application of Article 103 of the Civil Code
through the analysis of the precedents of the Supreme Court and the subordinate sentences that have been passed in the meantime, to prevent the moral risk through the multiple insurances for illegal acquisition of insurance, We propose legal and institutional improvement measures to protect contractors.