무역보험계약의 법률관계

The Legal Relations on the Contract of Trade Insurance

It is not too much to say that the trade insurance system has played an important part in export promotion and economic growth. The role of the trade insurance institution accredited internationally has been getting more important since the WTO was in execution. Recently the various type of insurance accidents increase with the increase in the actual results of trade insurance charge and the increase in the rate of insurance accidents, the legal confliction between a person insured and underwriter frequently happens around us. In order to keep up with the rapidly changing needs in today’s trading environment, the Korean government has recently announced that it will amend laws establish systems to build the infrastructure for international trade. This article is a study of the legal relations on the contract of trade insurance. Especially this study concentrates on the duty of a person insured and underwriter. Underwriter has the duty of delivery and statement of insurance agreement and the duty to give information of the insurer and so on. A person insured has the duty of disclosure and the duty of damage prevention and the duty of recovery and so on. The contract of trade insurance differs from the contract of the commercial code. Because the partners of the contract of trade insurance are all entrepeneur, the commercial code 663 is not given in the contract of trade insurance. Eventually the agreement between a person insured and underwriter is more important than the commercial code.