상법 제4편(보험법) 개정의견

A Proposal for the Revision of Chapter Ⅳ(Insurance Contract Law) Korean Commercial Code

In my view, first of all, the following revision of Chapter Ⅳ(Insurance Contract Law) Korean Commercial Code is needed. 1. §638-2 ② should be modified to stipulate that policy conditions may apply to insurance contract, unless the insured cancels the contract within one month from the date of receipt of a policy, although insurer did not complete the duty to deliver and explain the policy conditions. 2. In §650 ② the forfeiture clause should be inserted, which forfeits insurance contract unless the premium installments subsequent to the first one were paid during the days of grace. 3. §655 should be modified to stipulate that insurer may avoid insurance contract although he should pay insurance money, when the insurance occurrence was not caused by the non-disclosed material facts. 4. §680 ① should be modified to stipulate that the insured may recover the loss and the sue and labour charges to the extent of the sum insured. He may only recover the loss and the sue and labour charges that exceed the sum insured when he acted under the insurer’s directions. 5. In §732-2 the exception clause should be inserted, which excepts from the personal accident insurance coverages the loss occurring while the insured is doing such felonies as drunken or unlicensed driving. Or §739 should be modified to stipulate to the same effect. 6. §735-3 ③ should be modified to stipulate that the express regulation of group arrangement or the employee’s written consent is required when the employer(policyholder) will name any other person than the employee (insured) as beneficiary in group life or accident insurance.