보험사기방지에 관한 연구- 설문 ․ 면담조사를 통하여 검토한 사기방지 방안의 보완을 중심으로 -

Abstract

All human existences are competing with others in order to meet their desires regardless that they may be good or evil. However, the way to satisfy the desires should be justifiable. Both the insured and the insurer are obliged to inform the other party of the real facts he knows himself. Therefore, the issue on insurance crime, insurance fraud is not advantageous at all to any one side in insurance contracts. No matter how noble concerning wealth and resources based on theology or morality, fraud or deception cannot be justified generally. The receipt of commercial insurance money or public health insurance money through fraudulent acts can never be justified. Strong social sanctions are needed in this case. Though there are some discussions about the issue if the Statute of Fraud applies to insurance(life insurance) in the United States, seriousness of insurance fraud(insurance crime) is widely well recognized. So Insurance fraud is dealt with severely(sometimes as felony). The developed countries such as Germany, France have severe civil or criminal punishments toward insurance fraud. In actual, insurance has had a major impact on the law of the society. Effects of liability insurance is significant on tort law as well as on contracts, negligence, and other indemnity system. The opposition to piddling tort immunity is because of the possible insurance fraud of the insureds or the insurer abusing the immunity. In the US, insurance is closely related with the rental of the house, car and other things. Korea is no longer different. Thus, righteous operation of the insurance scheme is closely related with the task of developing soundly our whole legal system. In my opinion, Korea still falls short in controlling fraud in insurance contract law, insurance business law and private investigation business law as well as criminal law. Often in the global insurance exchanges, emerges the difference between the national laws with the issue of jurisdiction. Therefore, in particular international insurance contract’s conclusion (including reinsurance), the default of controlling insurance fraud in Korea would be regarded as the mark of legal system’s flaw. Thus, the Commercial Act(Insurance contract), the Insurance Business Act, the Criminal Act and the Private investigation business law regulating the fraud should be strengthened. In addition, social ethics should be restored to suppress the fraud.