독일보험계약법상 대리인규정에 대한 연구 (A study on the attorney right of insurance agent in german insurance law)

서지정보

· 발행기관 : 한국기업법학회
· 수록지 정보 : 기업법연구 / 25권 / 1호 / 323 ~ 353페이지
· 저자명 : 최병규

초록

The insured makes insurance contract through attorney or deputy of the insurer. Therefore, the right and duty of attorney or deputy is very important for the effectiveness of the insurance contract. In other words, insurance intermediaries play very important role in the insurance practice. There are 3 categories among insurance intermediary. Insurance agent, insurance broker and insurance sales man are the 3 categories. The insurance contract law has experienced significant change recently in many countries worldwide. Especially in germany and in japan there was heavy reform in the field of insurance contract law. In germany the right and duty of insurance intermediaries were regulated in insurance contract law. Its origin was the EU-insurance intermediary directive. Recently the reform of insurance contract law is also in korea hot issue. The current korean insurance contract law in korean commercial code was effected in 1963. But korean insurance contract law has many problems, especially in regard of the right and duty of insurance intermediary. The reform discussion about korean insurance contract law is being done in national assembly since 2007. Thereby some regulations about insurance agent and insurance sales man will be added. To solve the problems in korea we must look at foreign laws. Especially the german insurance contract law (Versicherungsvertragsgesetz v. 1908) has influences to korean law because we adopted the continental legal system. We belong namely to civil law country. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. The right of insurance broker and agent has experienced heavy changes by this reform. The right and duty of insurance agent and broker was very important reform issue in germany. This study concentrates on showing the current problems of insurance contract law in regard of the right of attorney or deputy. The author has meanwhile tried to provide some suggestions about reform of korean insurance contract law in regard of the right of attorney or deputy. It has tried to show the right direction for the reform about the right of attorney or deputy of insurer. The right to make contract and the right to receive premium should be regulated in insurance contract law. German regulations in regard of the right of attorney of the insurance agent can provide good models to korea. Therefore the author has tried to point out the merits of german regulations per comparative legal study. In the long run the adopt of german examples can supply useful models to south korea.

영어초록

The insured makes insurance contract through attorney or deputy of the insurer. Therefore, the right and duty of attorney or deputy is very important for the effectiveness of the insurance contract. In other words, insurance intermediaries play very important role in the insurance practice. There are 3 categories among insurance intermediary. Insurance agent, insurance broker and insurance sales man are the 3 categories. The insurance contract law has experienced significant change recently in many countries worldwide. Especially in germany and in japan there was heavy reform in the field of insurance contract law. In germany the right and duty of insurance intermediaries were regulated in insurance contract law. Its origin was the EU-insurance intermediary directive. Recently the reform of insurance contract law is also in korea hot issue. The current korean insurance contract law in korean commercial code was effected in 1963. But korean insurance contract law has many problems, especially in regard of the right and duty of insurance intermediary. The reform discussion about korean insurance contract law is being done in national assembly since 2007. Thereby some regulations about insurance agent and insurance sales man will be added. To solve the problems in korea we must look at foreign laws. Especially the german insurance contract law (Versicherungsvertragsgesetz v. 1908) has influences to korean law because we adopted the continental legal system. We belong namely to civil law country. The german insurance contract law was reformed in 2007 significantly. It was effected on 1. jan. 2008. The right of insurance broker and agent has experienced heavy changes by this reform. The right and duty of insurance agent and broker was very important reform issue in germany. This study concentrates on showing the current problems of insurance contract law in regard of the right of attorney or deputy. The author has meanwhile tried to provide some suggestions about reform of korean insurance contract law in regard of the right of attorney or deputy. It has tried to show the right direction for the reform about the right of attorney or deputy of insurer. The right to make contract and the right to receive premium should be regulated in insurance contract law. German regulations in regard of the right of attorney of the insurance agent can provide good models to korea. Therefore the author has tried to point out the merits of german regulations per comparative legal study. In the long run the adopt of german examples can supply useful models to south korea.

참고자료

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