북한의 보험법 －인보험을 중심으로

초록

I hope that this paper dealing with the North Korea's Insurance Act (Life insurance law) could be helpful to understand North Korea's society. As I believe it is possible to know the member's social consciousness of a society, human relationship and even the society's essential structure through studying the norms of it. Furthermore, I wish this study can be useful in South Korea's economical cooperating with North Korea in the future as well as looking at North Korea's social welfare system and insurance contract. Though currently it is difficult enacting the Uniform Insurance Code or doing economic cooperation between South-North Korea, even preparing the unification, this study is necessary considering over the dynamic international circumstances around the Korean peninsula, I think.Specifically looking up North Korea's Insurance Act, it requires insurable interest in the general rule, so we can interpret that it is needed in the life insurance contract. However, there is no concrete statute concerning the insurable interest at all in North Korea's Insurance Act. By it, if there happens insurance accident during insurance period, the insurer should pay insurance money, whereas if the insurance accident does not happen, the insurer should pay the expiration money to the insured. In this case, the expiration money is the part of the insurance premium paid by the insured and may be much less than the insurance money. In addition, the designation of the insurance beneficiary in North Korea is much different from that of the South Korea. I presume that's why the public insurance system is main rather than the private one in North Korea, and the liberal status of the contractual party should not be approved there. North Korea's Insurance Act stipulates special paying system in passenger's insurance contract and casualty insurance contract which is different from the general life insurnace money's paying. North Korea's Insurance Act provides that when one make life insurance contract over another person's life, the other person's written consent is required. But by that Act, the policyholder has not the right of designating the beneficiaries. In North Korea, the insured is able to decide the beneficiary's percentage of the revenue equally or unequally. South Korea's Commercial Act concerning the insurer's subrogation to a third party allows such subrogation even when the insurer did not pay the full insurance money, while North Korea's Act does not stipulate at all about this issue. We can consider the following three ways in South - North Korea's cooperation in the field of life insurance law. (ⅰ) First, the option of choosing among the regulations of the South and the North. (ⅱ) secondly, the enactment of the Uniform insurance terms and conditions compromising between the Insurance Act of South Korea and North. (ⅲ) Third, solving the problem of contradiction of the terms between South Korea and North by interpreting the articles reasonably, which is the last solution.

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