해상보험상 사기적 보험금청구에 관한 연구

Abstract

The definition of fraudulent refers to that in the business of marine insurance, the applicant or the assured or the beneficial owner claim a statement to the insurer through making up the subject matters or the accident, or exaggerating the level of the loss or manufacturing contingences in purpose in order to defraud the premium. For protecting the development of the marine insurance industry, the men who carry out the fraudulent claims under marine insurance should be legally punished. Before that, it is important to pinpoint the fraudulent claims under marine insurance's standard of affirmation and legal consequence in the first place. The cases of fraudulent claims frequently occur in the field of marine insurance. Britain is a leading country in the study of fraudulent claims. The fraudulent claims aren't prescribed in Marine Insurance Act 1906. Thus, the judge tends to solve cases of fraudulent claims with the principle of utmost good faith in the obligation of post-contractual. When Insurance Act 2015 was enacted, the fraudulent claims system is stipulated in clauses 12 and 13. The 12 and 13 clauses make a new stipulation of fraudulent claims that independently exist rather than rely on the obligation of post-contractual utmost good faith. Further, the problem that interim payment should or not be return is determined by law. The legal liability has been more reasonable division in 12 clause Insurance Law 2015.It is better that to protect the interest of the parties to an insurance contract. The fraudulent claims of group insurance has been clear regulation in 13 clause of Insurance Act 2015,the clause can be better to protect the rights of the insured and other related person. The fraudulent claims system's regulation is not comprehensive in Insurance Act 2015.The law doesn't has clear regulation in fraudulent claims meaning result in it cannot be qualitative clear in some special cases. And from the view of system integrity, the meaning of fraudulent claims not clear is not benefit to fraudulent claims the system development. And the problem of special standards of fraudulent claims has not been solved though clear regulation of Insurance Act 2015. The problem is just rely on judges discretionary in practice. It's not benefit to the system application. And the meaning of fraudulent claims system has not clear regulation in China and Korea's law. Besides, how to deal with the problem of some insured and other related person in group insurance making fraudulent claims has not been regulation in China and Korea' s law. Given the studying about fraudulent claims of the UK Insurance Act 2015 is on top level all over the world and the UK has accumulated a large amount of relevant judicial precedents in practice for the UK belonging to case law countries, China and Korea can borrow its mature and advanced legislation experience and its complete and rich cases in this field, which will play a positive role in promoting the stable development of insurance industry in China and Korea.