보험약관의 교부·설명의무에 관한 연구 : 인터넷보험계약을 중심으로
(A) Study on the Duty of Delivery and Clarification of Insurance Policy Conditions : Focused on the Internet Insurance Contract
초록/요약
With the rapid development of information and telecommunications network, the penetration of the Internet is accelerating at the speed of light, leading to the wide use of electronic commerce. Indeed, the internet has become important part of our lives. We are witnessing the advent of the age of internet insurance with the emergence of online insurance agencies. The sales of automobile insurance products through the Internet and telemarketing are exerting enormous influence on the market to the extent that it can almost destroy traditional offline insurance sales agencies. Keeping in tune with this trend, a number of studies on legal issues related to online insurance contracts are being conducted. An insurance contract is a contract of adhesion signed on the basis of policy conditions between an insurer and a policyholder. This means that the policyholder, who is in the weaker position than his counterpart to reach such a contract, has a right to know the every detail of the contract and the insurer shall ensure to clarify it before reaching the deal. Korean Commercial Code regulates insurers with the provision on the duty of delivery and clarification of insurance policy conditions, while regulating policyholders with the provision on the duty of disclosure. However, there is no such provision with regard to internet insurance contracts, thus causing serious flaws in protecting policyholders. In general e-commerce transactions, consumers just fill out the form which is prepared by service providers to reach a deal. But the problem is that the same is applied to online insurance contracts. Unlike the general items sold in online shopping malls, insurance products should be treated specially and sensitively since they can have a great impact on both parties of the contract if there are any differences in translating the contract provisions, such as the range of exclusion and compensation. These days, a growing number of insurance disputes has much to do with the insurer's duty of delivery and clarification of policy conditions. In this aspect, the lack of studies on such duty related to internet insurance contracts will bring about serious problems in the future. This paper explores ways to resolve the problems in the insurer's duty of delivery and clarification of policy conditions as a prerequisite to facilitate internet insurance contracts. Moreover, changes in policy holders' attitudes were carefully observed by comparing today with the data of 1995. By doing so, this paper aims at analyzing relations between such changed mindset and the insurer's duty of delivery and clarification of policy conditions in internet insurance contracts. In modern society, the trends of liberalization, globalization, openness, and self-regulation in the financial market are greatly affecting the insurance industry. Not only that, the introduction of bancassurance as well as the rapid development of the Internet are expected to dramatically change the landscape of the insurance market, threatening those working in the industry. Against this backdrop, this paper aims at analyzing legal challenges the Korean insurance market will face in this Internet era in order to cope with a possible crisis in the market. To that end, first, based on existing documents this study explores problems in the duty of delivery and clarification of policy conditions which can take place in internet insurance contracts. In doing so, it made a thorough analysis on the problems, both general and specific ones, in the duty of delivery and clarification of insurance policy conditions. The study also reviewed the fulfilling of such duty and related problems in traditional insurance contracts. Not only that, it examined the relations between non-disclosure of policyholders and the insurer's breach of the delivery and clarification duty. Furthermore, it studied the application and precedents of the delivery and clarification duty. Second, it made an overall review on the content of internet insurance contracts, such as the definition and the development of internet insurance contracts, the facilitation of and the preconditions for facilitating them, as well as problems and regulations of internet insurance contracts. In addition, problems in the internet insurer's duty of delivery and clarification of policy conditions were thoroughly reviewed. Third, the current change in policyholder's attitude was compared with that of 1995. In particular, a survey was conducted on those who had been damaged from insurance contracts. It focused on their reasons of signing the deal, whether the insurers explained the type and content of insurance products they wanted to have, whether they learned the content of policy conditions, how well they understood about such conditions, their duty of disclosure, as well as the cooling off system. Fourth, the paper explored ways to facilitate internet insurance contracts and to resolve potential problems in the duty of delivery and clarification of policy conditions.
more목차
목차 = ⅰ
제1장 서론 = 1
제1절 연구의 목적 = 1
제2절 연구의 방법 및 범위 = 3
제3절 연구의 한계 = 5
제2장 일반보험계약에서의 보험약관의 교부ㆍ설명의무 = 7
제1절 개념과 연혁 = 7
1. 개념 = 7
2. 연혁 = 11
제2절 주요국의 입법례 = 14
1. 독일 = 14
2. 일본 = 17
3. 기타 = 19
제3절 의무의 주체와 내용 = 22
1 당사자 = 22
2. 의무이행방법 = 23
3. 의무이행확인 = 30
제4절 실태조사와 그 분석 = 32
1. 조사개요 = 32
2. 조사결과 분석 = 34
제3장 인터넷보험계약에서의 보험약관의 교부ㆍ설명의무 = 51
제1절 인터넷보험계약의 내용 및 활용실태 = 51
1. 인터넷보험계약의 내용 = 51
2. 인터넷보험계약의 활용실태 = 61
제 2절 인터넷보험계약의 관련법규 = 69
1. 관련법규의 정비과정 = 69
2. 관련법규의 내용 = 73
제3절 의무의 주체와 내용 = 87
1. 당사자 = 88
2. 의무이행방법 = 88
3. 의무이행확인 = 97
제4절 실태조사와 그 분석 = 101
1. 조사개요 = 101
2. 조사결과 분석 = 102
제4장 보험약관의 교부ㆍ설명의무의 문제점 및 개선방안 = 105
제1절 일반보험계약 = 105
1. 의무이행부문 = 105
2. 의무위반효과 = 109
3. 고지의무위반 = 114
4. 보험모집부문 = 118
제2절 인터넷보험계약 = 123
1. 해석론 = 123
2. 입법론 = 125
3. 정책론 = 127
제5장 결론 = 141
참고문헌 = 146
ABSTRACT = 152
보험소비자의 보험계약관련 불만ㆍ피해에 관한 설문조사 = 156