금융상품과 소비자 보호 —보험상품을 중심으로— (Financial Product and Consumer Protection - In case of Insurance product -)

서지정보

· 발행기관 : 한국금융법학회
· 수록지 정보 : 금융법연구 / 4권 / 2호 / 29 ~ 63페이지
· 저자명 : 이현열

초록

Even though in insurance business law two goals of insurance company which are financial soundness of insurance company and consumer protection were commonly understood as an opposite concepts, those could be re-consider as head and tail of a coin. Because the supervisor would take one of them according to the entire policy environment and this is well reflected in insurance business law, the relationship of these two goals within the insurance product was studied in this paper.
First, as the general insurance products system including the elements of insurance product such as terms and conditions, business manuals, premium and reserve calculation manual was studied. The effect of the Financial Investment Services and Capital Markets Act to the insurance business, especially about the classification between insurance product and derivative product was researched.
Second, the attribute of insurance as a group was studied. The assertion that the profit of insurance group should be superior to the profit of individual insurance consumers is not reasonable for it could be manipulated to transfer the loss of insurance company to the insurance consumers. So non-guaranteed should be executed on legal foundation.
Third, on the issue of the conflict between the insurance law and the competition law regarding unfair co-practice of insurance companies, the possibility of regulation overlapping can cause the economical and social cost. So in order to reduce the cost, adequate arrangement should be taken in the sense of the uniqueness of insurance industry.
In addition to this study, the method for increasing the solvency of insurance company to protect the insurance consumer s rights to give the benefit should be studied.

영어초록

Even though in insurance business law two goals of insurance company which are financial soundness of insurance company and consumer protection were commonly understood as an opposite concepts, those could be re-consider as head and tail of a coin. Because the supervisor would take one of them according to the entire policy environment and this is well reflected in insurance business law, the relationship of these two goals within the insurance product was studied in this paper.
First, as the general insurance products system including the elements of insurance product such as terms and conditions, business manuals, premium and reserve calculation manual was studied. The effect of the Financial Investment Services and Capital Markets Act to the insurance business, especially about the classification between insurance product and derivative product was researched.
Second, the attribute of insurance as a group was studied. The assertion that the profit of insurance group should be superior to the profit of individual insurance consumers is not reasonable for it could be manipulated to transfer the loss of insurance company to the insurance consumers. So non-guaranteed should be executed on legal foundation.
Third, on the issue of the conflict between the insurance law and the competition law regarding unfair co-practice of insurance companies, the possibility of regulation overlapping can cause the economical and social cost. So in order to reduce the cost, adequate arrangement should be taken in the sense of the uniqueness of insurance industry.
In addition to this study, the method for increasing the solvency of insurance company to protect the insurance consumer s rights to give the benefit should be studied.

참고자료

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