Earticle

초록

영어

The Insurance Contract Law of korean Commercial Code has been revised in 1991. Commercial Code §638 is the article of insurance contract between the insurer and the insurant, there are several problems about §638-3(the policy delivery and explain) in case and practical system. The korean Commercial Law which is a general law on insurance contract is different one from the Regulation Law §3 on exceptional provisions and effective ones. The contract has been applied with the case in the practical business, The effect of the Regulation Law and Insurance Law Infringement is different by the case in the court. The Commercial Law codified that insurer should deliver the insurance policy and explain the important fact of the provisions to the insurant in korean Commercial Code §638-3 ①․②. The insurant could cancel the insurance contract within a month to infringement. However, the Regulation Law §3④ stipulates that couldn't insist on the contract in this case in Korea. The questions are followings. ① the insurance policy delivery and explain, ② the term of the insurant's(insured) canceling the contract within a month, ③ the legal questions unless the insurant cancels the contract and ④ basic regulations of exemption by the case. The title of korean Commercial Law §638 clears on proper regulations in 'deliver and explain' and the initial date in reckoning of canceling the contract must be revised ‘the date of receipt of insurance policy' and further the contract followed the policy unless the insurant cancel the contract. Moreover, the basis of exemption requires to codify on Commercial Law in conformed with the case and the practical business in advance. In relation to this, the Revised Draft in Commercial Law has been arranged in 2008, but 'explain important fact' and 'expansion of cancel term' §638-3①② have been amended only. I think that the contract law of Commercial Code requires to be revised on taking the insurer's and insurant's interest into account, and in conformed with the cases and practical business of insurance in the future.

목차

Ⅰ. 머리말
 Ⅱ. 약관의 교부․설명의무
  1. 法的規定
  2. 商法과 約款規制法
  3. 交付․說明義務의 內容
 Ⅲ. 교부․설명의무위반의 효과
  1. 法的規定
 2. 取消權의 행사여부
 3. 告知義務違反과의 관계
 4. 約款內容과 다른 說明의 경우
 Ⅳ. 향후의 개정방향
  1. 문제점
  2. 개정의견
 Ⅴ. 맺음말
 참 고 문 헌
 

키워드

저자

• 황근수 [ Hwang, Geun-Soo | 전남대학교 법과대학 강사, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340