보험의 불완전판매에 관하여

소개글

법학과 보험법수업에서 보험의 불완전판매에 관한 과제물 입니다.
총 20페이지이며, 목차 1페이지를 포함하고 있습니다.

목차

Ⅰ. 서설···········································································································································································2

Ⅱ. 보험제도의 의의·················································································································································2
1. 보험의 개념과 목적·········································································································································2
2. 보험의 연혁··························································································································································2

Ⅲ. 보험상품의 불완전판매··································································································································3
1. 불완전판매의 개념···········································································································································3
2. 불완전판매의 유형과 사례··························································································································3

Ⅳ. 불완전판매의 법적책임·································································································································6
1. 계약해소·······························································································································································6
2. 손해배상·······························································································································································8

Ⅴ. 문제점 검토························································································································································9
1. 불완전판매 규율내용·································································································································10
2. 민사적 규율내용···········································································································································11

Ⅵ. 불완전판매에 관한 입법적 개선방안···································································································14

Ⅶ. 결론·········································································································································································19

¶ 참고, 인용목록·····················································································································································20

본문내용

Ⅲ.보험상품의 불완전판매

1.불완전판매의 개념

불완전판매란, 금융이나 보험업에서 회사가 정보력, 교섭력, 판단능력 등의 격차를 이용하여 사적이득을 취함으로써 소비자나 이해관계자에게 손실을 초래하는 거래를 말한다고 정의하기도 하나, 여기에서 다루고자 하는 불완전판매의 개념은 보험상품의 계약체결 과정에서 판매자의 귀책사유로 하자가 존재하여 소비자에게 피해를 입히는 경우를 의미한다.

2.불완전판매의 유형과 사례

한국소비자원이 2009년 보험관련 피해구제가 신청된 767건(생명보험442건, 손해보험 325건)에 대해 분석한 결과, 보험금지급불만이 60.6%, 사업자의 부당행위가 17.7%, 불완전판매가 16.3%로 나타났다. 이를 살펴보면 보험금지급불만이 가장 높게 나타난 것을 볼 수 있는데, 이것은 결과적으로 보험 가입 시 들었던 설명과 실 수령액수의 차이가 나서 발생하는 것이라고 볼 수 있다.

즉 보험 가입 시에는 "사고가 나면 무엇이든지 보상해준다"라고 하여 계약을 하였으나, 실제로 사고가 나서 보험금을 청구하는 경우에는 여러 가지 조건을 내세워서 지급을 거절하는 경우를 예로 들 수 있다.

참고 자료

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