북한에서의 상거래(상행위) -손해보험(재산보험) 사업을 중심으로-

초록

In North Korea, Commercial transaction law(Insurance Act) restricts the object of insurance to property and there is no right insurance there. However, in the principle of non-life insurance, it is the same that “No interest, no insurance”. Although the value insured and the amount of the insurance money are provided in the North Korea's Insurance Act, the meaning is not clear. The value insured should be the highest limit of the amount of insurance money there. The determination of the insured object's price can be a major issue as to under-insurance and double-insurance. Over-insurance is prohibited, but this seems to be mainly due to simple over-insurance. There is no specific designation for over-insurance by fraud. However, it can be canceled by Article §20 of the North Korean Insurance Act. North Korea 's Insurance Act states that the total amount of each insurance money for double-insurance can not exceed the value insured. If the double-insurance contract is concluded, the insurer should be informed of the fact. In North Korea's Insurance Act, there is no provision for the effect of a single insurance coverage if the insurance money summed exceeds the value insured. And there is only renewal system instead of resurrection of insurance contract. Regarding under-insurance, the law of North Korea is not so different from ours, so the principle of proportional burden of insurer is the same. In North Korea, it is not clear whether the insurer can give up the right of subrogation, even though it has the provision of subrogation. It is also possible to have an insurer subrogate against the third party, whose content is similar to that of a liberal insurance policy. At this time, the insured person must actively cooperate with the insurer and should not abandon his or her rights against the third person and should not interfere with the exercising of the insurer's right. In liability insurance, the insurer may pay insurance money directly to the victim. However, it does not specify the victim's direct claiming right as we(ROK) do.

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