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Which is Defrauding in Insurance Fraud?

  • DONG-A LAW REVIEW
  • 2012, (54), pp.325-354
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee Keun-Woo 1

1가천대학교 법과대학

Accredited

ABSTRACT

This article is that I supposed some problems about ‘the violation of the duty of disclosure’ based on “the duty of disclosure in the insurance contract and intention of the insurance fraud” by Il-Tae Huh. In Korea, as the economy gets developed, insurance industries gets bigger and diverse as well. As a result, insurance crimes have increased a lot. The society is confused with the insurance crime including insurance fraud which is the abuse of insurance system. The serious moral hazard is widespread through all insurance fields which are including car, disease, and injury as well as life and fire. By unclear meaning of an insurance fraud and imperfect penalties, an insurance fraud is committed more. The problem is that insurance fraud includes all the fraud actions against the insurance company and it has more large meaning than the insurance crime. The concepts of insurance crime had been compounded in mixture, but now here definitions are separately given to insurance fraud. This article is that the violence of the duty of disclosure before the insurance contract is whether ‘defraud’ of the fraud, Korea Criminal Law 347 is or not. I argued that it is not the defrauding but the unpunished preparation of the Fraud if it has no provision of punishment. And I review the problem about the execution time of insurance fraud. I supposed that the execution time of insurance fraud is ‘asking the payment of insurance’ for balancing on the high term of imprisonment.

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