보험계약상 면책약관에 관한 연구 -대법원 2016.5.12, 2015다243347 판결의 재검토(자살보험금 사건)-

초록

The Accidental Death Insurance Terms and Conditions stipulate that the accident death insurance shall be paid for the accidental death as an insured event. In addition, the provisions of the general death insurance terms and conditions for exemption and restrictions on immunity were repeatedly stipulated as they are. However, in general terms and conditions of death insurance, suicide is conceptually included in death as an insured accident, but suicide is not included in accident, which is conceptually insured, in accidental death insurance. This case was about whether the accident death insurance for suicides should be paid according to the accidental death clause. The interpretation of the terms and conditions is similar to the interpretation of the law, so a literal interpretation, logical interpretation, and teleological interpretation are necessary. In addition, there is an interpretation principle unique to the terms and conditions, which reflects the characteristics of the terms and conditions. In particular, insurance contracts emphasize good faith more than other legal acts. Therefore, the terms and conditions should also be interpreted according to the principle of the utmost good faith. In addition, the terms and conditions should be interpreted fairly and should not be interpreted differently depending on the customer. If the meaning of the terms and conditions is not clear, it should be interpreted in favor of the customer. However, the conclusion of the objective interpretation is that suicide cannot be an insurance accident in disastrous death insurance. If we explore the specific intentions of the average person's policyholders, we arrive at such a conclusion. The average person would not think that suicide is included in the insured event of an accidental death insurance contract. Even if an incorrect indication is made in the terms and conditions, “suicide” is not a “disaster” and therefore cannot be claimed for accidental death insurance. It must have been such intention at the time of the contract. However, when a suicide incident occurs, it is wrong to claim the accidental death insurance money by using the wrong indication. In this respect, I agree with the Court of Appeal rather than the Supreme Court in this case.

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