지진보험의 쟁점

The Issue of Earthquake Insurance

초록

No nations are free from the natural catastrophes such as earthquake, as they are rarely predictable. Regarding the large-scale and seriousness of the damage by them, we cannot overestimate the efforts to prepare against them. And victims themselves of disaster should protect from the damages and make efforts of recovering from the disaster, which is suitable to the principle of self-determination and responsibility. Making compensation for the damages from the earthquake and other natural disasters for free is liable to let the beneficiaries negligent in preventing the damages. It can be a kind of moral hazards. If we think the principle of self-determination and responsibility as principal, we should be oriented to the solution system of making private insurance contract against the natural catastrophe like the earthquake. One of the biggest problems in natural disaster such as earthquake is that the accident is not to be predicted and forecasted easily, breaking out in many insurance objects at the same time and the size of damages is bigger than any other accident. So it is difficult for the insurers to prepare enough insurance money for the accident, so it requires the reinsurance contract. When we encourages natural disaster's insurance such as earthquake insurance, we should make efforts to control against moral hazards or the adverse selection. Being the most desirable system in risk sharing, the insurance contract has the danger of becoming the means of fraud. Regarding the difficulties of optional(voluntary) insurances, and strengthening the will of self-reliance, we need to compel the insurance contract of the natural disasters in some cases. However, in the early stages of system implementation of private insurance contract, some support of governmental funding such as payment of insurance premiums is needed. And we should arrange such insurance contract first as to the companies and households backed up by the government. There are two ways of the natural disaster insurance in South Korea. One is additional insurance policy system and the other is independent insurance policy. Although the latter is much more desirable form, the former is inevitable now in Korea, where independent disaster insurance is hard to be activated. In this paper, I indicated the problem of government-supporting(traditional) system and proposed the solving of restorement of the damage caused by the catastrophe through the private insurance contracts. Thus the various ways of using intermediaries in making contracts should be taken like other contracts. The insurance intermediaries are insurance salesman, insurance agents, insurance brokers as well as homeshopping merchants. On the other hand, in the mountainous regions, rural areas and fishing villages, the saving insurance contract rather than compensation insurance is needed as there is little recognition about the latter there. And in the case of the property insurance, the system of actual compensation for damages rather than the fixed compensation is preferable, which matches the essence and character of the insurance of indemnity. If it is allowed to afford special support to the businessmen, the small sized business should be primarily regarded on it.

키워드

natural disasters such as earthquakeprinciple of self-determination and responsibilitymoral hazardsprivate insurance contractrequiring the reinsurancemeans of fraudgovernmental support in fundingproblem of government-supporting(traditional) system지진 등 자연재해보험보상처리자율과 책임원리재보험계약보험사기의 억제강제보험자연재난 특약독립적 지진보험성숙한 피해보전문화의 정착
제목
지진보험의 쟁점
제목 (타언어)
The Issue of Earthquake Insurance
저자
전우현
발행일
2012-06
저널명
법제연구
42
페이지
423 ~ 464