지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
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The evaluation of insurable interest is very important in insurance contract. But it is not easy. Disputes are arising from the evaluation. Therefore the insurance contract law allows the evaluation of insurable interest by the contract parties. § 670 korean commercial code and § 76 german insurance contract law(VVG) are the regulations that allow the evaluation of insurable interest. Because of this agreed value, unfair profit occurs sometimes. But it is justified because it is not remarkable difference. The difference between the real value of insurable interest and the agreed value is not noticeable, because the real value of insurable interest is regarded as insurance amount when the difference is remarkable. The prohibition of unfair profit and real loss indemnification are important rule in non-life insurance contract. But it is not regulated in insurance contract law expressly. The german supreme court has decided that 121% difference is not noticeable. It shows that the principle of prohibition of unfair profit should not be applied so strictly. We should also regard this change in germany. Nowadays many countries are making effort to get better insurance contract law. Germany has reformed the insurance contract law thoroughly in 2007. Japan has new, separate insurance contract law since 2008. The current korean insurance contract law in korean commercial code was effected in 1963. It has many problems. The reform discussion about korean insurance contract law is being done in korean national assembly. By the reform discussion in korea we can also consider adopting more detailed regulations about agreed value. By the work the german example(§ 76 VVG) can give us good suggestions.
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