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보험중개인의 엄격한 책임과그 완화에 관한 연구

  • Journal of Insurance and Finance
  • 2002, 13(3), pp.75-109
  • Publisher : Korea Insurance Research Institute
  • Research Area : Social Science > Business Management

전우현 1

1한양대학교

Candidate

ABSTRACT

The insurance broker should deal with his business with good ca re. Theauthorization for insurance broking is mostly given by the insu reds, but sometimesthe insurers make the broker his agent. Insurance broker has to carry out theentrusted work to make the insured safe by using his profession al ability and experience sufficiently. He should obey the truster’ s mandates principally.However, the active advice and inspection by his own decision of the insurancebroker is demanded at times. The insurance broker’ s duty of good care has been concretized as the duty of theentrustees. Why should be the insurance broker so careful with his duty? It can be answeredwith three reasons, which is the professional characteristic of the insurance brokingitself, the deep belief of his counterpart(the insured) and the social practice’ sstandard. Though very strictly determined liability of the insu rance broker tocompensate the injured which has been caused by his negligence of the duty canmake the truster(the insured) safe, the insurance broker himsel f may fall in thefinancial difficulties. It is desirable to make his burden redu ced for the activation ofthe insurance brokerage market as possible. The way to solve the problem is to contract the liability insurance, to try the legislation for the reduction of the insurance broker, to found the corporate organization or to use the fellow trading colleague, to contract with the truster(the insured or the insurer) with his duty documented and concretized, or to connect with the skillful professionals of the risks.

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