Korean Insurance Law Association最新文献

{"title":"A Study on the Attribution of Proof of Suicidal Accidents in Personal Accident Insurance and the Contents of Proof in Practice","authors":"H. -. Kim, Hyung Ho Park","doi":"10.36248/kdps.2023.17.1.271","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.1.271","url":null,"abstract":"Accident insurance, which is defined as an insurance accident in the accident insurance clause, requires contingency in the sense of an accident that is not intentional. At the same time, “in case the insured intentionally harms himself” is stipulated as the reason for indemnification of the insurer, and in the proviso that the insured is “in a state where he or she is unable to make free decisions such as mental or physical loss,” the exemption is allowed and the insurance money is paid. stipulated as a reason As such, the structure of the provisions of the accident insurance clause is complicatedly intertwined, and the connotation and extension of the requirements set forth in each reason for payment and reason for exemption are not clearly established, causing various problems regarding the burden of proof. \u0000In this paper, we reviewed how to distribute the burden of proof in order to recognize the liability of the insurer when the insured person dies by suicide. In this way, we looked at what was missed by the judgment in question, which only focused on medical findings. \u0000Accident insurance clauses stipulate that an accident that occurred intentionally is a reason for exemption from liability of the insurer, so the insurer must prove that the accident occurred intentionally. \u0000On the other hand, the state of being unable to make free decisions is a normative level of judgment that is distinguished from intention. Even if the insured was conscious of ending his own life and committed suicide intentionally, the fact that he was in a state of exclusion from free decision-making dilutes the possibility of blame for the insured's intentional death and mitigates the degree of destruction of good faith in the insurance contract. In other words, even though suicide is an intentional accident, it is exceptionally included in the scope of insurance coverage. According to precedent, the state of being unable to make free decisions is determined by comprehensively examining various facts. \u0000In the judgment at issue, when the motive for suicide, the method and mode of suicide, the progress of depression, and the greetings sent by the suicide just before suicide were comprehensively reviewed, it can be judged that the insured committed suicide in a state of free decision-making. The target judgment focused only on the fact that the deceased had been diagnosed with a “severe depressive episode” by a specialist during his lifetime, acknowledging the inability to make free decisions without properly examining other factors. \u0000The state of inability to make free decisions means what factual factors have influenced the formation process of the inner psychological state and to what extent they are influencing. Therefore, the tendency to rely exclusively on medical findings and to regard them as absolutes is unreasonable. It is necessary to make a comprehensive judgment on the various facts surrounding the suicide.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"32 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":"121624131","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 Legal Study on Digital Platform Insurance Products","authors":"H. Jun","doi":"10.36248/kdps.2022.16.3.163","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.3.163","url":null,"abstract":"Digital platform insurance market is expected to grow rapidly due to the rapid development of IT technology and the spread of non-face-to-face culture due to corona 19. Related regulations such as the revision of the Data 3 Act have also improved in favor of the development of the digital platform insurance industry. However, the provision of health care data, which is the most important to insurance companies, has not been implemented properly until now. This is presumed to be due to a combination of extreme sensitivity of healthcare data, social wave in case of leakage, and long distrust of insurance companies. Therefore, prior to the utilization of healthcare data, insurance companies should prepare a firm plan for the protection of information subjects, and based on this, they should lead to social trust. In order to activate digital platform insurance products, it is necessary to revise the current Financial Consumer Protection Act to alleviate ambiguous and extensive explanation obligations. In particular, it is desirable to impose a differentiated explanation obligation by subdividing insurance products subject to explanation obligation. For small and short-term insurance companies, it is necessary to promote the development and sales of various digital platform insurance products by encouraging the establishment of the regulations by applying more relaxed regulatory requirements than existing insurance companies.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121382717","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 Exemption Clauses in Insurance Contract: Focusing on the Theory of Distinction between ‘Exception to Liability’ and ‘Exclusion to Covered Perils’","authors":"Jin Tae Yang","doi":"10.36248/kdps.2022.16.3.037","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.3.037","url":null,"abstract":"Even in the case of an insured event, the insurer is exempted from liability for insurance payments if it falls under grounds for exemption clauses in insurance contract. Professor Edwin W. Patterson, a renowned American insurance law jurist, divided exemption clauses into ‘exception’ and ‘exclusion’. In Patterson’s view, ‘exception’ is excepted causes of insured event, and ‘exclusion’ is the event to be excluded from insured event. He asserted that the insurer is not liable for paying the insurance payments, because an event that falls under ‘exclusion’ is not an insured event. Patterson’s ‘exception/exclusion distinction’ influenced some Korean insurance law scholars for a long time. In Korea, scholars influenced by Professor Patterson argue that the exemption clauses are divided into ‘exception to liability’ and ‘exclusion to covered perils’. ‘Exception to liability’ is ‘exception’ from Patterson’s view and ‘exclusion to covered perils’ is ‘exclusion’. In the theory of the distinction between ‘exception to liability’ and ‘exclusion to covered perils’, like Patterson’s view, the insurer is not liable for the event that falls under the ‘exclusion to covered perils’ because it is not an insured event. Scholars who support the distinction theory argue that it is natural for the insurer not to pay the insurance payments because ‘exclusion to covered perils’ is not the covered perils of the insurance contract. Korean distinction theory take as an example the unlicensed driving exclusion, which is a exemption clause of auto liability insurance, and call this exemption as a ‘exclusion to covered perils’ that is excluded from insured event. However, an accident that occurred while driving without a license also falls under the insured event(“accident that occurred while the insured owns, uses, and manages the insured car”), under the policy of auto liability insurance. Like unlicensed driving exclusion, the ‘exclusion to covered perils’ is written so that the insurer is exempted regardless of the causal relationship. However, it is not reasonable to conclude that ‘exclusion to covered perils’ is not included in covered perils and is excluded from the scope of insured event just because it is written in a non-causal format. Therefore, same as ‘exceptions’(exception to liability), policy clauses classified as ‘exclusions’(exclusions to covered perils) are also should be subject to the control of the court. In addition, because Patterson and Korean distionction theory do not provide a clear criterion for distinction, the absolute power should not be given to the ‘exclusion’. The legal validity of the distinction theory is very questionable.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130299526","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 Rational Solution of Immediate Annuity Issues through the Precedent Analysis","authors":"Hee Ju Kim","doi":"10.36248/kdps.2022.16.3.217","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.3.217","url":null,"abstract":"In the disputes over immediate annuity insurance, the court's judgments of the first and second instances related to the insurer's duty to explain are presented. The disputes began in 2017, and the Financial Supervisory Service's Dispute Mediation Committee recommended that all inherited annuity products(maturity refund type) subscribers pay additional underpaid insurance, but insurers refused to pay collectively except for the mediation case. According to the precedents that consumers have won so far, insurers should specify the risks that “insurers can pay less than the minimum guaranteed rate at the time of the fall in interest rates” and “the monthly pension amount shall be paid after deducting the reserves for financing the maturity refund” in the terms and conditions. In addition, on the basis that the insurance company did not explain this to the customer, the court applied Article 3, Paragraph 4 of Act on the Regulation of Terms and Conditions to invalidate the incorporation into the contents of the insurance contract. Furthermore, the court orders the insurance company to pay the difference to the consumer based on the difference from the minimum guaranteed interest rate or the initial annuity insurance money (the amount without deducting the accumulated amount for the maturity refund fund). In this study, it was considered reasonable to apply Article 102 of the Old Insurance Business Act (current Articles 44 and 45 of Act on the Protection of Financial Consumers) rather than applying Article 3, Paragraph 4 of Act on the Regulation of Terms and Conditions when the insurer violates the duty of explanation. Also, the policyholder's negligence offset can be applied individually, and fairness can be established in accounting for unpaid insurance money. Moreover, in the immediate annuity insurance case, policyholders recognized that the insurer had violated the duty of explanation only after the monthly annuity less than the minimum guaranteed interest rate was paid. The question is whether to view it as the payment date of the monthly annuity of the company or as the time when the existence of the right to claim insurance money was known. In the judgments related to immediate annuity that have been issued so far, the position is that an insurer who refuses to pay insurance loses the lawsuit and that it is unacceptable as an abuse of rights against the principle of good faith that the statute of limitations for claiming insurance has expired. The Supreme Court precedent regarding accidental death benefit considered more emphasis on the pursuit of legal stability, refusing to recognize restrictions based on the principle of good faith, and strictly interpreting the extinctive prescription period. Presumably, the short-term limitation of three years (2 years in most cases subject to immediate annuity) applies to the right to claim insurance money, and it is difficult for general consumers to understand that they must file a claim in court to st","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131743215","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":"Insurance Distribution using Robo-advisors and Legal Issues","authors":"GW Ji","doi":"10.36248/kdps.2022.16.3.187","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.3.187","url":null,"abstract":"The environment surrounding the insurance industry is likely to become even more digital than nowadays. In particular, robo-advisors are expected to be used effectively in the insurance distribution channel. Although there is no legal definition for robo-advisors in the related insurance act in Korea. Traditional insurance distribution channels can use them as sales aids. In this case, the robo-advisor type is likely to be used as a product recommendation type and an information provision type. In light of the current technological development of robo-advisors, it is not possible to equate robo-advisors with AI insurance consultant. In this case, as examined in the examples of the United States, Australia, and Germany, if insurance intermediaries utilize robo-advisors to sell insurance products within existing legal systems, there will be problems in applying existing insurance law provisions. It should be noted that the same regulatory principles apply because there is no such rule. Considering that it is premature to establish a regulatory system for AI insurance distribution channels that make fully automated decisions without any human intervention, insurance sales channels utilizing robo-advisors should be considered as regulations for traditional distribution channels. The same regulations should be set. Considering this point, this paper defines robo-advisor as an algorithm-based ``automated online insurance product advisory device''. Also the paper proposed a plan to regulate this under the insurance industry regulation. On the other hand, this paper also considered measures to establish model standards for insurance distribution using robo-advisors and discipline them in the form of self-regulation. In addition, non-face-to-face sales and operator intervention are permitted with an algorithm-based system that evaluates customer opinions through algorithms and big data analysis using computer programs as an improvement plan for related acts and makes personal recommendations based on them. A proposal was made to prepare a provision to define it as an insurance product advisory device. In the case of this kind of regulation, in addition to fulfilling the duty of explanation imposed on insurance distribution channels under the existing legal system, the details of the duty of explanation to distribution channels that use robo-advisors should be determined in accordance with the principle of good faith. Therefor it is proposed in the paper to take measures for a plan to add within the scope of the obligation. Finally, regarding the judicial responsibility system, if liability arises due to incomplete distributions using robo-advisors, the person behind it will be held responsible for tortious acts associated with breach of obligations under the principle of good faith within the current legal system.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128166244","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 Legal Study on Simplification of Claims for Medical Insurance: Focusing on the amendment (draft) of the Insurance Business Act","authors":"Ju-seon Yoo","doi":"10.36248/kdps.2022.16.3.139","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.3.139","url":null,"abstract":"The problem has been raised that the traditional claim method, called claim for medical insurance, does not correspond to the development of Korean IT technology. In this paper, the author critically considers that the existing insurance claim procedure is not valid, and reviews the contents of the main legislation (proposal) proposed to the National Assembly. Currently, our society is rapidly changing from the analog era to the digital era. We are living in an era where various financial payments are made with just one smartphone. Nevertheless, the procedure for claiming insurance does not reflect the new era. In the insurance industry, consumer-oriented digital methods from designing or developing insurance products to contract management and insurance payment management are very important. Among these, one of the most important factors is the simplification of the claim process for medical insurance claims of policyholders. The simplification plan for indemnity insurance is based on the content that the insurance claim is made electronically when a patient makes a request to the hospital without paper documents. While focusing on literature research, this study adopts an analytical method that accommodates difficulties encountered in the working world and a review method of major legislation (proposal) proposed by the National Assembly. We favored the simplification of medical insurance claims through insurance intermediaries, but pointed out the problems that may arise when operating this method. The simplification of insurance claims is expected to dramatically improve the efficiency of insurance companies and the convenience of consumers, but the medical community opposes this because of side effects such as restrictions on the use of patient medical information and insurance subscriptions, and leakage of patient personal medical information. This appears to be the biggest obstacle to simplifying insurance claims. A few ways to solve this problem are suggested. The method of claiming insurance by issuing a paper receipt is not suitable for the future. In order to solve the waste of human resources or administrative costs, a plan for simplifying insurance claims must be implemented.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122729087","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":"The Fintech Revolution and the Future of the Insurance Business: A Study on Artificial Intelligence utilization risks and legal issues","authors":"S. Lee","doi":"10.36248/kdps.2022.16.3.091","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.3.091","url":null,"abstract":"In this study, the future of the insurance industry and legal tasks related to digitalization and artificial intelligence were examined. What is artificial intelligence technology? Among them, we reviewed what the insurance industry can do and what it is doing, and looked at legal issues and what to change in the future. First of all, the development status of digitalization and artificial intelligence was investigated, and the impact on the insurance industry and the opportunities and risks brought by digitalization and artificial intelligence were examined. Second, if digitalization and the development of artificial intelligence replace existing human tasks, it should be considered whether to treat such artificial intelligence robots or tools as simple tools or give legal effects by giving similar status to humans. Third, the emergence of digitalization and artificial intelligence is expected to have an impact on various areas of insurance work, especially focusing on insurance recruitment work, and legal discussions related to it were attempted. The introduction of digitalization and artificial intelligence is expected to have an impact on the overall financial transaction or insurance transaction. The emergence of new technologies implies new opportunities and risks at the same time. It will also lead to changes in the existing socio-economic and cultural institutions. Legal significance in changes in the insurance environment is related to which process digitalization and artificial intelligence play a role in which of the conventional insurance tasks, and that is the problem caused. It is necessary to guarantee the right to access various channels centered on consumers by drastic deregulation to promote digitalization. Accordingly, insurance companies need to develop a model that allows consumers to actively select suitable, convenient means, and methods for themselves at each stage of insurance subscription. With the rise of the platform as a new business model, it will affect product counseling and recommendation, product description, subscription receipt, notification receipt, premium receipt, and insurance policy issuance, so in-depth discussions are needed on whether to accept the platform as a new recruitment channel or as a simple information provider or advisory business. In seeking legal changes through the introduction of digitalization and artificial intelligence, whether or not to grant a legal personality to tools or platforms equipped with artificial intelligence, which is the starting point of the most basic discussion, needs to be carefully introduced in consideration of future technological developments and social needs. As a legal discussion due to the advent of digitalization and artificial intelligence, the legal effects of AI intervention and operation were examined. At each transaction stage, various notifications and explanations that insurance recruiters must perform before signing insurance contracts, automation of ","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128895854","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":"Analysis and Application of the 'Narcotic Drugs/Medication Driving' Clause under the Automobile Insurance Policy","authors":"G. Cho","doi":"10.36248/kdps.2022.16.3.003","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.3.003","url":null,"abstract":"In case of narcotic drugs/medication driving in the first party property damage insurance, it is excluded from the scope of compensation. Also the bodily injury liability insurance and property damage liability insurance of the standardized clause of automobile insurance requires the insured to pay a large deductible to the insurer. In other words, exemption of part of insured money, not full exemption of liability, is provided in narcotic drugs/medication driving. The meaning of narcotic drugs and medication in automobile insurance policy refers to narcotics, marijuana, psychotropic drugs, and others prescribed by Ordinance of the Ministry of the Interior and Safety as prescribed in Article 45 of the Road Traffic Act. And the meaning of narcotic drugs/medication driving refers to the act of driving in a state that makes it impracticable to drive a motor vehicle, etc. normally due to the impact of the influence of drugs referring to narcotics, marijuana, psychotropic drugs, Korean Supreme Court of Justice emphasizes the circumstance of breach of law caused by drunk driving at the time of occurrence of accident in interpretation of exclusion provision of drunk driving in first party property damage insurance. Therefore, it cannot be interpreted that it only applies to the case there is causal relation between drunk driving and insured accident. This position of Korean Supreme Court of Justice can be interpreted that an act of drunk driving is considered as a sort of reasons for exclusions of risk which is excluded from the category of covered risk by the insurer from the beginning. However, the narcotic drugs/medication driving in automobile insurance policy, which is more likely to be socially criticized than drunk driving, stipulate a reason for exemption from the cause. In other words, there is causal relation between drunk driving and insured accident. The meaning of narcotic drugs and medication and interpret act of narcotic drugs/medication driving in current automobile insurance clauses should be revised because there is a problem. First, in the scope of psychotropic substances stipulated as immunity drugs in automobile insurance policy, drugs prescribed by doctors should be excluded. Next, it is necessary to revise the same form as the exclusion clause of drunk driving and unlicensed driving in automobile insurance policy.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127343213","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 Insurance Law Cases of the Year 2021 and their Analysis","authors":"Byeong-gyu Choi","doi":"10.36248/kdps.2022.16.2.109","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.2.109","url":null,"abstract":"Significant judgments were also made in relation to insurance in 2021. The Supreme Court suggested that if a medical opinion is submitted as evidence, it cannot be denied arbitrarily, and if the court wants to infer a causal relationship differently from such a medical opinion, it should make a careful judgment based on other medical and professional data. However, this position is difficult to accept. This is mainly because the attending physician makes the decision, because it is difficult to guarantee the objectivity of the attending physician’s opinion. Another thing that draws attention is whether the civil prescription of 10 years is applied as the prescription for the right to claim the refund of unfair profits when the insurance contract is invalid or whether the prescription of 5 years is applied by analogy with Article 64 of the Commercial Act. Insurance money is paid by the insurer through commercial activities. Therefore, it is correct to think that the five-year prescription applies to expeditious processing of commercial transactions to claim the return of the insurance contract because it is invalid. Claiming the refund of the insurance money paid when the insurance contract is invalid is seeking the return of the benefits themselves made on the basis of the contract, which is a commercial activity. This is because it should be regarded as a case in which there is a need to solve the problem as quickly as possible. The Supreme Court ruled that a 10-year civil prescription applies to the right to claim the return of unfair profits due to illegal dividends. It is difficult to see that there is a great need to quickly confirm the exercise of the right to request the return of unreasonable profits for the purpose of recovering the amount paid due to illegal dividends. Accordingly, it is reasonable as the attitude of the Supreme Court to consider that the right to claim the return of unfair profits due to illegal dividends is subject to Article 162 (1) of the Civil Act and is subject to the civil statute of limitations of 10 years. Another important issue is whether the insurer is allowed to preemptively file a non-obligation lawsuit in the event of a dispute with the insurer as to whether the policyholder has violated the obligation to notify. It can be affirmed that if the strong insurer indiscriminately files a debt non-existence suit, the weak consumer is inferior in intellectual or economic ability, so there is a problem. However, the people’s right to a trial is recognized as a basic right under the Constitution (Article 27 Paragraph 1 of the Korean Constitution). Therefore, it is not permissible to fundamentally prevent the insurer from taking a preemptive action for non-obligation. However, it should be considered permissible to stipulate that financial business operators, such as insurers, are not permitted to file lawsuits again by limiting certain amounts in the relevant special laws, such as the Financial Consumer Protection","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125063717","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 new Insurance Distribution Channel’s Right to Receive the Duty of Disclosure and Legal Issues: Focusing on AI (Artificial Intelligence) Insurance Solicitors and Insurance Companies Specializing in Insurance Product Sales","authors":"Kyungbae Cho","doi":"10.36248/kdps.2022.16.2.003","DOIUrl":"https://doi.org/10.36248/kdps.2022.16.2.003","url":null,"abstract":"The insurance industry has undergone many changes due to the era of the 4th industrial revolution, which interconnects our digital and real worlds. Advances in big data have cleared the path for insurers to acquire the material information of the insured. New methods of collecting information about individual customers cause a need to reevaluate responsibilities and rights of both parties. In the current industry, the manufacturing and sales of insurance products is separate; the insurance company is in charge of the manufacturing of insurance products, and sales companies were established exclusively for the sale of insurance products. New types of sales channels such as Artificial Intelligence (AI) insurance solicitors have emerged. In April of 2021, Hanwha Life Financial Services, an insurance product sales company made by Hanwha Life Insurance company, launched, and immediately took the first place in the GA agency rankings. In general, large insurance agencies have larger capital and number of solicitors than small and medium-sized insurance companies. Therefore, it is necessary to emphasize responsibility at scale. According to Article 45 of the Financial Consumer Protection Act, it is not reasonable for an insurance company that entrusts sales to large general agencies, which are larger than small and medium-sized insurance companies, to assume primary responsibility for consumer damage caused by insurance sales. Through the amendment of the Act, major insurance agencies, which are classified as having 500 or more affiliated insurance solicitors, insurance companies specializing in insurance product sales such as Hanwha life financial services, and subsidiary-type insurance agencies are required to assume primary responsibility prior to the insurance company entrusting insurance sales. It is needed the size of the institution should make it possible to impose responsibilities that are reasonable. \u0000With the advent of the 4th industrial revolution, AI insurance solicitors are being introduced in addition to traditional insurance solicitors. It is necessary to revise the Insurance Business Act to allow to sale insurance products by solicits. It is necessary to grant the right to receive the duty of disclosure to exclusive insurance solicitors directly or indirectly under the influence of insurance companies, such as sales training from insurance companies and ethics training to prevent incomplete sales. It is necessary to protect insurance consumers who are trusted with the insurance company’s agent by granting the right to receive the duty of disclosure to the insurance solicitor in charge of explaining insurance products to the subject working as an insurance company’s exclusive solicitor.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133788531","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}