보험범죄에 대한 입법방향

A Proposal for Insurance Crime Law

Man created an institution called Insurance, which in turn seduces men to crime. Modern capital society provides even stronger lure of insurance crimes. Many scholars and practitioners feel the need of countermeasures against the crimes and actually several bills were proposed during the 18th National Assembly of Korea. This article reviews the bills and finds theoretical and practical flaws in them, presenting an alternative proposal. This article feels no need to introduce a new specific provision against ‘insurance fraud’. The Korean Criminal Code has already general fraud law enough to regulate insurance fraud. Instead, this article suggests three main points that new legislation should focus on: first, crimes committed as a means of fraud, such as murder, arson, and suicide, etc.; second, crimes by criminal organizations or groups of people; third, crimes by service providers relating insurance benefits such as hospitals or car maintenance shops. This article also suggests an practical model of insurance crime provisions with careful wording, which might be useful for new legislation against insurance crimes.