Korean Insurance Law Association最新文献

{"title":"Under the National Health Insurance Act, the possibility of subrogation right of creditors by insurance companies for the return of unfair enrichment for arbitrary non bnefit coverage","authors":"Se Min Park","doi":"10.36248/kdps.2023.17.2.333","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.333","url":null,"abstract":"If a medical institution's medical practice to a patient is not listed on the benefit coverage or statutory non benefit coverage under the National Health Insurance Act, the medical practice is a arbitrary non-benefit coverage that has not been approved for safety and effectiveness. In principle, it cannot perform the medical practice on the patient and of course cannot receive medical expenses. These arbitrary non-benefits coverage are not covered by private medical expense insurance. The court's basic position on arbitrary non-benefit coverage treatment and receipt of medical expenses is said to be invalid as a violation of compulsory laws unless there are special circumstances. The Supreme Court interprets that the receipt of medical expenses is valid if several conditions are met even for arbitrary non-benefit coverage medical treatment. It is difficult to say that there was sincere consent from the patient in the target judgment in this paper, and it is difficult to find the inevitability or urgency of implementing arbitrary non-benefit coverage medical practices without implementing other medical practices listed on the benefit coverage or statutory non-benefit coverage list. Therefore, the conditions proposed by the Supreme Court were not met, and the arbitrary non-benefit coverage treatment act is interpreted as illegal. The patient will have a claim to return unfair gains from the medical institution, and if the patient receives insurance money equivalent to medical expenses from the private medical expense insurance company, the insurance company will have the right to claim the return of unfair gains from the patient. At this time, there is a question of whether an insurance company can exercise the unjust enrichment claim of medical expenses that the patient has against the medical institution to satisfy his/her claim. The Supreme Court recently determined that it was impossible for insurers to exercise their subrogation rights to medical institution. As a basis, it is cited that the debtor is insolvent and that the insurance company can individually exercise the right to claim the return of insurance money against the insured(patient). However, the debtor's incapacity requirement is not necessarily required at a time when the purpose of exercising the creditor's subrogation right is changing from the preservation function of the responsible property to a means of realizing the creditor's rights. In addition, it is clear that insurance companies cannot freely file a lawsuit against their customers for the return of insurance money due to regulations by financial regulators. Insurance companies that fail to recover insurance money even after paying insurance money for arbitrary non-benefit coverage will suffer disadvantages such as a rise in the loss rate, which will eventually lead to an increase in insurance premiums. It is unfair to allow medical institutions that have performed arbitrary non-benefit coverage treatment activities th","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"C-33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126487495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A study about the effect of the pre-existing conditions exclusion clause","authors":"Sung Jae Lim, H. Jun","doi":"10.36248/kdps.2023.17.2.273","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.273","url":null,"abstract":"In the past disease insurance terms and conditions, the definition of disease was expressed as “occurring during the insurance period,” and there was a problem in that the onset time depended on the patient's statement, or the insurance company claimed the onset time before the commencement of liability to avoid payment of insurance money. In addition, the Financial Supervisory Service revised the terms and conditions to protect consumer rights and interests and incorporated the pre-contract insurance policy into the standard terms and conditions. However, in June 2017, the Financial Dispute Mediation Committee of the Financial Supervisory Service determined that The pre-existing conditions exclusion clause was invalid, and in July 2018, the corresponding clause was deleted from the standard terms and conditions, so that all insurance companies stopped including the clause. When the terms and conditions were revised to protect the rights and interests of insurance consumers, the incorporated The pre-existing conditions exclusion clause refused to pay insurance money to insurance consumers who faithfully fulfilled the notification obligation. This is contrary to the insurance protection expectations of policyholders, so the Financial Supervisory Service's action to return it to its original state is acceptable. The pre-existing conditions exclusion clause itself may conflict with other terms and conditions, and it is unfair to protect the insurance company, such as restricting the payment of insurance money even when the insurance company signs an insurance contract intentionally or grossly. The problem of reverse selection, which some are concerned about, can be partially solved by the interpretation theory or law of the current insurance terms and conditions, so it is reasonable for the Financial Supervisory Service to delete the burden guarantee clause to protect insurance consumer rights.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"129 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130742154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Duty to explain insurance products and the effect of violation under the Financial Consumer Protection Act","authors":"Dong-min Kim","doi":"10.36248/kdps.2023.17.2.003","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.003","url":null,"abstract":"In general, sales of insurance products are not only made in the form of conforming contracts that depend on terms and conditions, but also there is a risk of damage to the policy holder due to information asymmetry and incompatibility of status between the parties to the contract, and thus in order to improve the fairness and equity of contracts, various safeguards are being prepared for them. Among these, the most important protection device is the insurer's duty of explanation. \u0000Therefore, the Commercial Act and other special laws stipulate various obligations of explanation in order to protect policy holders when signing and transferring insurance contracts, and in particular, the obligation to explain terms and conditions and the obligation to explain insurance products are separately regulated. In other words, Article 638-3 of the Commercial Act and Article 3 of the Terms and Conditions Regulation Act give the insurer the duty to deliver and explain the terms and conditions, and the recently enacted Article 19 of the Financial Consumer Protection Act separately and specially imposes the duty to explain important details of insurance products. \u0000In this paper, while comparing and analyzing the relationship between these regulations, the obligation to explain insurance products under the Financial Consumer Protection Act was reviewed and the effect of the violation was considered. In particular, regarding the problem of the right to withdraw subscription and the right to terminate an illegal contract as an effect of violation of duty of explanation, legislative alternatives were sought, focusing on the following issues. \u0000First, after the duty of explanation under the Insurance Business Act was transferred to the Financial Consumer Protection Act, what characteristics the “duty to explain” of insurance products under the Financial Consumer Protection Act compared to the duty of explanation under the Commercial Act and the Contract Regulations Act were analyzed. And among the effects of violation of duty of explanation, the problem of the right to withdraw subscription and the right to terminate illegal contract was identified and a solution was derived. \u0000Second, it was examined what is the characteristics and differences in the exercise requirements and effects of “the right to withdraw subscription” and “the right to terminate illegal contracts” due to violation of the duty to explain insurance products under the Financial Consumer Protection Act compared to the legal effects of the general legal principles of the Civil Act, such as the right to withdraw, the right to cancel, and the right to terminate. In addition, in the application to insurance practice, what kind of collision problems occur between these regulations was examined, the root cause was identified, and improvement measures were prepared.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132058381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Analysis of the Insurance Law Cases in 2022","authors":"Byeong-gyu Choi","doi":"10.36248/kdps.2023.17.1.233","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.1.233","url":null,"abstract":"In the field of insurance law, many precedents continue to emerge, and in particular, an important judgment in the field of insurance law was declared in 2022. Judicial precedents are also a mirror through which we can grasp the issues and problems of the society. The insurance system operated in order for the people to be guaranteed through private insurance in preparation for various risks has the characteristics of a speculative contract and a bona fide contract. In addition, many disputes are inevitable due to the nature of the system, such as stipulating various reasons for exemption in insurance terms and conditions. Case law has been an important milestone in the field of insurance so far, including the invalidity of ineffective contracts, the relationship between the obligation to explain insurance contracts under Article 638-3 of the Commercial Act and Article 3, Paragraph 4 of the Act on Regulation of Standard Contract Terms, and the scope of application in the case of exemption from driving without a license. , Intentional exemption of personal insurance, drunk driving, driving without a license, death insurance of others and the effect of lack of consent by the insured, designation and change of insurance beneficiary, requirements for opposition, and unilateral acts without the other party. In various insurance precedents sentenced in 2022, the scope of recognition of subrogation by the insurer, measures to prevent leakage and damage prevention obligations, and the problem of applicability of costs, insurance for the purpose of illegal acquisition of insurance money and Article 103 of the Civil Act, contract invalidity, and aftereffects Issues such as the relationship between the insurance money and the death insurance money, the leakage of the loss insurance money, and the recognition of the subrogation of the right to claim became issues. In these precedents, some rationality and validity are acknowledged. However, in some judgments, there are also disappointing parts. In particular, it is very problematic that the insurer’s subrogation of claim rights is not allowed for voluntary non-payment of indemnity insurance. Reconsideration is required in terms of economics of litigation or reasonable resolution of disputes. Through critical examination of precedents, it is necessary to continue to play the role of a milestone in setting the future direction of precedents in the insurance field.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123218300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criteria for the Application of the Exclusion Clauses about a Suicide due to Mental Illness(Depression): Supreme Court Decision 2017Da281367 Decided February 4, 2021","authors":"G. Cho","doi":"10.36248/kdps.2023.17.1.191","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.1.191","url":null,"abstract":"If the insured commits suicide due to mental illness such as depression in insurance practice, there are many disputes over whether the accident was intentional or caused the result of death without being able to make free decisions due to mental and physical loss. The target judgment is also that elementary school teacher is under extreme stress from the student's parents' verbal abuse, afterwards, she was diagnosed with depression and treated at a psychiatrist, and about three years later, she hanged herself at home after work. The Supreme Court judged that the appellate court's decision did not take into account the opinions of psychiatrists and the results of administrative litigation of survivor’s compensation by misunderstanding the law on the interpretation of the reasons for immunity in the insurance contract’s policy, therefore, the Supreme Court sentenced a ruling that was completely contrary to the judgment of the appellate court. \u0000In fact, mental and physical loss is the lack of discrimination and decision-making ability for objects due to mental and physical disabilities, whether there was mental and physical loss is not determined by the medical degree, but it belongs to a legal and normative judgment issue that judges should decide based on expert emotions. Therefore, considering the text and purpose of the provision for restricting suicide immunity, it is reasonable to interpret it narrowly as “a state in which free decision-making cannot be made” means a state in which there is no ‘awareness’ and ‘will’ of the consequences of death, such as mental and physical loss. In this regard, I think it is unfair that the target judgment judged that the insured's death committed suicide without being able to make free decision. Because the Supreme Court too broadly recognized the scope of death due to injury, focusing only on the protection of the bereaved families. \u0000I think it is necessary to revise the standard policy to define the concept of 'losing mind and body' and 'state in which free decision-making cannot be made' as a specific and objective criterion by referring to the above seven judgment elements.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128183742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Expansion of insurance companies‘ work area and changes in regulations on ownership of subsidiaries","authors":"Seung Hyun Yang","doi":"10.36248/kdps.2023.17.1.119","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.1.119","url":null,"abstract":"The Insurance Business Law(“IBL”) prohibits insurance companies from owning other companies exceeding 15%, and allows ownership of subsidiaries by exception only in industries listed in the law. The IBL limits the subsidiaries' work area to prevent risks arising in areas unrelated to the insurance business from spreading to insurance companies and damaging their financial soundness, and to secure insurance companies’ expertise by preventing deviation from their main business. However, the rapid technological development of the 4th Industrial Revolution changed social and economic environment surrounding insurance industry, and thus, increasing efficiency, securing global competitiveness, and providing financial consumer benefits have been gaining more and more importance in discussing regulation on insurance companies’ work area through subsidiaries. To reflect the changed environment and demand, the government has alleviated regulations several times since 2018. These government measures are expected to contribute to revitalizing investment in fintech and healthcare companies etc. by insurance companies. However, as the scope of work allowed to insurance companies’subsidiaries is still limited, it is concerned that it will be difficult for insurance companies to try various new types of business in response to changes in the social and economic environment, and further discussions on improving regulations on expanding the scope of subsidiaries continue. The work area of an insurance company affects the competitiveness and survival of the insurance company. The expertise of the insurance industry is no longer achievable by focusing on the traditional insurance industry in the changed environment brought by the technological development of the 4th Industrial Revolution, and insurance companies are looking for new growth engines in response to growth limits caused by demographic changes and market maturity. This study will look at how insurance companies' regulations on subsidiary ownership have changed since 2018, evaluate the performance and limitations of regulatory improvement achieved so far, and discuss considerations for future improvement.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129304015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development plan of small and short-term specialized insurance company","authors":"Y. K. Kim","doi":"10.36248/kdps.2023.17.1.153","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.1.153","url":null,"abstract":"The digitalization of the insurance industry is accelerating as non-face-to-face recruitment is highlighted after the global spread of COVID-19 in 2020. This change is positive in that there is a need for an insurance recruitment method that fits the trend of young people in their 20s and 30s and MZ generations who are passive in insurance subscription. While platform-oriented Big Tech's mail-order specialized insurance company (digital insurance company) is gradually developing, Internet and mobile-oriented small- and short-term specialized insurance companies (mini-insurance companies) are expected to enter the market. As the reinforcement of non-face-to-face sales channels of existing insurance companies is also becoming a reality, the insurance sales market is expected to be diverse according to consumers' tendencies. \u0000Therefore, this article sought ways to revitalize mini insurance companies, and in particular, compared with digital insurance companies and analyzed the causes of activation of Japanese small and short-term insurance companies. At this point, since the mini insurance company that the financial authorities expected has not emerged, it was considered that innovative companies that can promote innovation and convergence by utilizing the regulatory sandbox system should be promoted in the short term. Ultimately, it was considered necessary to lower the entry barrier for the small and short-term professional insurance industry to innovate the insurance industry. It is necessary to actively attract the emergence of new insurance companies by properly reviewing measures to alleviate high-level human and material factors equivalent to comprehensive insurance companies, supplementary measures using parent company-subsidiary company relationships, and non-face-to-face insurance recruitment measures such as mobile apps.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128707668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal issues in transactions of insurance products through online platforms of Big Tech","authors":"Soo-seok Maeng","doi":"10.36248/kdps.2023.17.1.043","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.1.043","url":null,"abstract":"Business of Big Tech companies in financial area is recently accelerated by such methods as sales and brokerage services of insurance products through online platforms, etc. Digital platform phenomenon next to Pin Tech is expected to play positive functions to enhance competitiveness of financial business by increasing efficiency and capacity of finance, reducing consumers’ searching costs, and expanding options. However, on the other hand, such a phenomenon may cause problems in consumer protection because financial stability is reduced and identification of responsible entities due to complex digital transactions. Especially, as financial business gives large influence to national economy and launch and operation of financial business is strictly regulated in the aspect of public character of financial business, if Big Tech companies launch their business in financial business through cooperation with general financial companies, they may avoid regulation and supervision of financial business and reverse discrimination of existing financial companies may be caused. Therefore, it is required to provide a frame of regulation for transactions of insurance products of Big Tech platform companies. \u0000A solution to such issues is rational regulation with establishment of the standard on application of Insurance Business Act in relation to operation of insurance business of Big Tech companies. \u0000Whether an action of a Big Tech company belongs to advertisement of products only or belongs to brokerage or sale of insurance products should be individually and concretely judged and, furthermore, should be judged based on recognition levels of consumers. If advertisement by a Big Tech company is not limited to simple advertisement but actively participates in brokerage including comparison of insurance products and, if consumers trust the Big Tech company and consider such action as brokerage or sale of insurance products, responsibility under Insurance Business Act may be imposed on such company. Also, although it is asserted that the commissions received by a Big Tech company are simple advertisement costs, if brokerage is done through participation of Big Tech at certain level, such action may be considered as brokerage and application of Insurance Business Act is possible. That is, regulations on mediation, brokerage, agency of insurance products under Insurance Business Act should be applied to advertisement of insurance by Big Tech companies depending on level of participation.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131713929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the application of duty of fair presentation under Insurance Act 2015: focused on the UK High Court Case (Berkshire Assets Ltd. v AXA Insurance UK [2021] EWHC 2689)","authors":"Oh Jung Kwon","doi":"10.36248/kdps.2023.17.1.003","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.1.003","url":null,"abstract":"As one of the important legal principles in the insurance act, the voluntary duty of disclosure under Marine Insurance Act 1906 has been replaced by the duty of fair presentation under Insurance Act 2015. In the recent case of Berkshire Assets Ltd. v AXA Insurance UK, the issues of materiality and inducement have been addressed as important points of the duty of fair presentation under Insurance Act 2015 for the first time. \u0000The insurer has denied the claim payment for the loss of flooding damage to the subject matter insured, alleging that there was a breach of duty of fair presentation by the insured. In the case, a director of the insured had been criminally charged by Malaysian attorney general. But the charge was not related to the insurance contract and later discharged by agreement. However, the court decided that the criminal charge on the director was a material circumstance that needed to be disclosed to the insurer before the conclusion of the contract. The court accepted the insurer’s argument that they would not have agreed to the contact if they had known about the criminal charge and treated the contract as if it had never been made. \u0000This case confirms that the laws regarding materiality before the Insurance Act 2015 are still applicable, despite the general expectation that the reformed act of 2015 would provide more favorable for the insured. The insured should be reminded that criminal charges are often considered material to a risk and that they are expected to know what should reasonably have been revealed by a reasonable search of information available to them. The decision also highlights the importance of having underwriting procedures in place to support any decision and will be persuasive in the court’s consideration of inducement. \u0000In the future, some points of reform in the UK statutory, such as duty to take reasonable care not to make misrepresentation, fall-back disclosure rule, and the proportionate payment reduction, may have meaningful implication to a Korean legislative principle on the duty of disclosure.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116496798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Big Tech's Entry into the Insurance Market and Legal Challenges: focused on sales conduct regulation","authors":"S. Lim","doi":"10.36248/kdps.2023.17.1.079","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.1.079","url":null,"abstract":"Insurance companies, insurance agents, and insurance planners strongly resist the announcement of the Korean Financial Services Commission(FSC)'s policy to allow Big Tech's insurance comparison and recommendation service. Big Tech's entry into the insurance market, which has a large customer base and customer information, may threaten existing insurance companies. However, the financial authorities allow entry in stages, as is currently the case. Suppose we design and apply an appropriate regulatory system for permitted business activities. If this is done, the existing insurance industry and Big Tech can coexist while growing the pie in the insurance market, contrary to the insurance industry's concerns. Ultimately, it is expected that the competitiveness and financial inclusiveness of the insurance market will be strengthened due to Big Tech's entry into the insurance market. \u0000The FSC stated that insurance brokerage is possible for platform operators but limited the available services to comparing and recommending insurance products that fall under the recommendation, which is step 1 of the five steps of brokerage, and linking operators. Accordingly, if the three big tech companies start the above service, it is unclear whether this corresponds to insurance brokerage and whether insurance brokerage regulations can be applied. Insurance brokerage has different characteristics from other brokerages. Even if the concept of insurance brokerage is analyzed to determine the insurance brokerage of Big Tech's insurance product comparison·recommendation services and provider connection services, it takes work to identify brokerage due to the problems inherent in the 5-step brokerage theory of the FSC. Among the two interpretation theories presented in this paper, even if it is based on the negation theory of brokerage, considering the reality of the service provided by Big Tech and the need for responsibility, the concept of insurance brokerage is widely interpreted for Big Tech, leaving room for acknowledgment of brokerage. If the requirements for appearance liability are met, Big Tech should bear brokerage liability. In the case of future regulation through revision of the law, it is a desirable direction in the legal system to include Big Tech in the insurance intermediary regulations under the Commercial Act and Insurance Business Act rather than preparing regulations in the Electronic Financial Transactions Act. Also, we need to add insurance brokerage clauses in the insurance section of the Korean Commercial Act.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114887164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}