범죄로 인한 보험사고와 보험자의 책임

Insurer's liability to indemnify to the events arising by criminal acts

Insurance system aims at distributing various risks incidental to human economic activities through the insurance community, and preparing the contingent casualties. Insurance contract must not be abused to deceptive or arbitrary purposes, and insurance system is a best one discovered by human reason. Insurance contract is an aleatory contract against fortuitous events, but excepted perils are not covered by it. Insured's death or injuries arising by intentional criminal act or criminal act are not accidental events, insurer's liability to pay the insured's money must not be permitted. The current approach(Korean Commercial Act §732-2) which provides "In the case of an insurance contract covering death as an insured event, the insurer shall not be discharged from its liability, even though the insured event happens by reason of gross negligence of the policyholder, insured or beneficiary." must be revised, because it permits insurer's liability owing to the failure to prove the insure's intent.