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변액보험계약체결시부당설명한 보험자의 법적 책임- 일본의 경험을 중심으로-

  • Journal of Insurance and Finance
  • 2002, 13(1), pp.21-71
  • Publisher : Korea Insurance Research Institute
  • Research Area : Social Science > Business Management

Kim, Sun-jeong 1

1동국대학교

Candidate

ABSTRACT

The variable life insurance products as more recent advance on the fixed-benefit life insurance products was introduced to Korea insurance market in 2001. Variable life insurance differ from fixed insurance in that contract owners received their sum from their segement accounts rather than that of the insurance company. Variable insurance are more risky to the policy holder than the fixed insurance, but there is a possibility of greater returns. The person who sells the variable insurance should have a license to sell variable products, and inthe case of U.S.A., a licensed securities dealer, which are considered to be securities. But the consumer who buy variable insurance not recognize of the high risk of the products. It means thay the variable insurance seller must provide a prospectus describing the variable investment profits and the risk. And have to explain that the death benefit and cash value benefits vary in relations to the value of the investments underlying the policy. But Japanese experience which arises over 600 suits against variable insurer thought us the important of disclosure. The writer reviewed some japanese cases and concluded that Japanese court hold the insurers responsibility ground for torts. And emphasize that the seller's duty of disclosure in variable insurance contract.

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