｢보험사기방지 특별법｣에 대한 평가와 개선방향

A Study on the Criminal Provisions in “Special Act on Insurance Fraud”

This paper deals with the criminal provisions in “Special Act on Insurance Fraud” (hereinafter as “SPIF”), which was promulgated on March 2016. It is explained that its main purpose is to facilitate the prevention of the insurance fraud by introducing the criminal provisions to punish it more harshly from the standpoint of the general prevention, and by making it easier to investigate it. The author examines the criminal provisions in SPIF, both substantially and procedurally, and finds out its legislative purpose is not fully accomplished owing to its shortcomings. Substantially this Act is almost the same as the existing criminal provisions against the insurance fraud in “Criminal Act” and “Act on the Aggravated Punishment, etc. of Specific Economic Crimes”, except for the amount of fine. And it is true that SPIF may newly stipulate the procedures for investigation of the insurance fraud, but in reality this provisions would make really no material differences in the present practice. Consequently, it is foreseeable that SPIF would be called for revision sooner or later, because of its legislative flaws. Finally, the author criticizes the biased criminal policy in the interests of the insurance companies that leads to the inherent shortcomings of SPIF, and makes several legislative proposals as conclusion.