@article{ART001530200},
author={Kwon youngbok},
title={Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission},
journal={Public Land Law Review},
issn={1226-251X},
year={2011},
volume={52},
pages={489-516}
TY - JOUR
AU - Kwon youngbok
TI - Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission
JO - Public Land Law Review
PY - 2011
VL - 52
IS - null
PB - Korean Public Land Law Association
SP - 489
EP - 516
SN - 1226-251X
AB - Modern society is called the risk society. Social insurance systems are being implemented to prepare for various risk. But it is impossibility that we cope with the risk of disease and disaster perfectly by that system, due to the country's financial problems, legislative vices and inefficient operation. Many people recognize the limits of the social insurance system and protect themselves and take care of their family by private insurance. But it is increasing that creditors including financial institutions and tax authorities of the country attach the insurance of debtors and delinquents and cancel their insurance contracts. The question is people living in poverty and disease or disaster be faced with economic difficulties and be threatened with their health, right to life and the right to live. To policyholders and their families facing economic difficulties, insurance has the meaning as last resort for ensuring their own safety and survival of at least. Nevertheless, the Supreme Court and the Constitutional Court judged that creditors and the enforcement of tax organs may attach obligor’s insurance and cancel insurance contract without limitation. However, if we consider the fact that the Constitution guarantee human dignity and worth, the obligation of States to protect fundamental rights, the pursuit of happiness and the right to health, the state should consider rights and welfare for debtors and their families threatened with economic deprivation and the risk of illness or disaster along with the property rights of creditors through legislative or judicial action. Current law stipulates the limitation of the seizure only to the post office insurance claims, but does not have protection regulations provisions for private insurance. Because the government has the duty to protect constitutional rights, the government should protect health and livelihood for debtors and their families. The government has to regulate that coverage insurance is distressed and insurance Contract is canceled by amending Insurance Act, in order to protect themselves and their families from disease and disaster.
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Kwon youngbok. (2011). Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission. Public Land Law Review, 52, 489-516.
Kwon youngbok. 2011, "Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission", Public Land Law Review, vol.52, pp.489-516.
Kwon youngbok "Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission" Public Land Law Review 52 pp.489-516 (2011) : 489.
Kwon youngbok. Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission. 2011; 52 489-516.
Kwon youngbok. "Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission" Public Land Law Review 52(2011) : 489-516.
Kwon youngbok. Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission. Public Land Law Review, 52, 489-516.
Kwon youngbok. Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission. Public Land Law Review. 2011; 52 489-516.
Kwon youngbok. Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission. 2011; 52 489-516.
Kwon youngbok. "Constitutional Review on the Regal Controls of Insurance Distress andContract Rescission" Public Land Law Review 52(2011) : 489-516.
