보험대리상 등의 권한에 대한 2014년 입법의 분석과 비평 (Analysis and Criticism of the 2014 Legislation on Rights of the Insurance Agent and the Insurance Planner)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 27권 / 2호 / 341 ~ 372페이지
· 저자명 : 송호신

초록

In Article 646-2 of the Revised Commercial Act of 2014, the provisions on 「the right of insurance agents, etc.」 were newly enacted. This was a legislative work intended to protect the interests of insurance consumers, such as policyholders and insured persons. Generally, in the insurance business, the policyholder pays the premium to the insurance agent or the insurance planner. And the manifestation of will such as subscription and notice are indicated on the insurance contract. However, the effect of the insurance contract was not recognized. It has been the cause of disputes between insurers and policyholders. This is a problem arising out of the lack of a rationale for the authority of insurance agents and planners.
The work of revising the Commercial Law Insurance Law, which started in 2007, began, and as a result of the energetic efforts of the legislative authorities, the revision was made on February 20, 2014. As a result, the policyholder has the authority of the insurance agent or the insurance agent to deal directly with the insurance contract in the process of signing the insurance contract, and the insurer is responsible for the actions of the insurance agent or insurance agent.
In the Article 646-2 (Section 1) of the amended Commercial Code, are the right to receive insurance premiums acceptance(Subdivision 1), the right to issue insurance policies(Subdivision 2), the right to receive subscription, notification, information, cancellation, termination (Subdivision 3), and the right of the policyholder to conclude, change or terminate the insurance contract (Subdivision 4).
In addition, it is also prohibited to compete with good faith insurance policyholders, even if the right of the insurance agent is limited (Section 2). In addition, the insurance planner has the right to receive insurance premiums and insurance policy issuance rights (Section 3), and the insurance policy holders also have the authority to apply to the insured or beneficiary (Section 4).
However, the provisions of the revised Commercial Act of 2014, such as the right of insurance agents, received many criticisms regarding the terms and contents of the articles. In other words, the concept and application of the insurance agent are unclear, and it is unclear exactly who the intermediary of the insurance contract.
In addition, the legislation of insurance right and policy issuance rights is not very meaningful in relation to the scope of authority of the insurance agent. In addition, the of the insurance agent's right and the insurance policies issuance rights is not very meaningful in relation to the scope of authority of the insurance agent. However, it can cause confusion in the interpretation. In the case of the right to receive declarations such as subscription and notices from the policyholders, the liability issue is not clear when the declaration is not correctly communicated to the insurer or when it is misused. In addition, the status and authority of insurance planners are still unclear, leaving confusion, and it seems likely that problems will arise in the implementation of the law in the future.

영어초록

In Article 646-2 of the Revised Commercial Act of 2014, the provisions on 「the right of insurance agents, etc.」 were newly enacted. This was a legislative work intended to protect the interests of insurance consumers, such as policyholders and insured persons. Generally, in the insurance business, the policyholder pays the premium to the insurance agent or the insurance planner. And the manifestation of will such as subscription and notice are indicated on the insurance contract. However, the effect of the insurance contract was not recognized. It has been the cause of disputes between insurers and policyholders. This is a problem arising out of the lack of a rationale for the authority of insurance agents and planners.
The work of revising the Commercial Law Insurance Law, which started in 2007, began, and as a result of the energetic efforts of the legislative authorities, the revision was made on February 20, 2014. As a result, the policyholder has the authority of the insurance agent or the insurance agent to deal directly with the insurance contract in the process of signing the insurance contract, and the insurer is responsible for the actions of the insurance agent or insurance agent.
In the Article 646-2 (Section 1) of the amended Commercial Code, are the right to receive insurance premiums acceptance(Subdivision 1), the right to issue insurance policies(Subdivision 2), the right to receive subscription, notification, information, cancellation, termination (Subdivision 3), and the right of the policyholder to conclude, change or terminate the insurance contract (Subdivision 4).
In addition, it is also prohibited to compete with good faith insurance policyholders, even if the right of the insurance agent is limited (Section 2). In addition, the insurance planner has the right to receive insurance premiums and insurance policy issuance rights (Section 3), and the insurance policy holders also have the authority to apply to the insured or beneficiary (Section 4).
However, the provisions of the revised Commercial Act of 2014, such as the right of insurance agents, received many criticisms regarding the terms and contents of the articles. In other words, the concept and application of the insurance agent are unclear, and it is unclear exactly who the intermediary of the insurance contract.
In addition, the legislation of insurance right and policy issuance rights is not very meaningful in relation to the scope of authority of the insurance agent. In addition, the of the insurance agent's right and the insurance policies issuance rights is not very meaningful in relation to the scope of authority of the insurance agent. However, it can cause confusion in the interpretation. In the case of the right to receive declarations such as subscription and notices from the policyholders, the liability issue is not clear when the declaration is not correctly communicated to the insurer or when it is misused. In addition, the status and authority of insurance planners are still unclear, leaving confusion, and it seems likely that problems will arise in the implementation of the law in the future.

참고자료

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