정신질환자 보험차별의 법적 쟁점과 과제

• 영문명: A Study on the Legal Issues and Challenges of Insurance Discrimination Against the Mentally Ill
• 발행기관: 대한신경정신의학회
• 저자명: 신권철
• 간행물 정보: 『신경정신의학』제53권 제2호, 61~71쪽, 전체 11쪽
• 주제분류: 의약학 > 정신과학
• 파일형태: PDF
• 발행일자: 2014.03.31

영문 초록

ObjectivesZZThe purpose of this study is to criticize the legal reasoning of refusal to insure or provide coverage to the mentally ill. This study focuses on the antagonistic fundamentals between legal rationality and social solidarity in insurance relationship. Findings of this study suggest that social solidarity should have the capacity to control legal rationality and economic efficiency. MethodsZZThis study surveyed affirmative actions of the state agencies against insurance discrimination through insurance codes of the Financial Supervisory Service, decisions of district courts, recommendations of the National Human Rights Commission, and legislation of the National Assembly. ResultsZZActions of the state agencies to reduce insurance discrimination against the mentally ill are passive, ritualistic, and superficial. The policy failure of the state agencies is due to securing the principle of contract freedom without controlling insurance companies. ConclusionZZIn insurance relations, emphasizing the principle of contract freedom and the legal, economic rationality causes the socially marginalized to be excluded from social relations and face social danger in naked. Social solidarity and public interest is the legal reasoning that can overcome the economic rationality of insurance companies.

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키워드

Insurance Mentally illness Discrimination