The duty to explain insurance policy terms has long been one of the core and persistent issues in the field of insurance business. Due to the nature of insurance contracts as typical contracts of adhesion, a significant degree of information asymmetry...
The duty to explain insurance policy terms has long been one of the core and persistent issues in the field of insurance business. Due to the nature of insurance contracts as typical contracts of adhesion, a significant degree of information asymmetry exists between the insurer and the policyholder.
While insurers possess professional knowledge regarding product risks, coverage scope, exclusion clauses, and premium calculation methods, policyholders frequently enter into insurance contracts without fully understanding such information in advance. As a result, cases involving denial of insurance benefits, disputes and litigation, and contract termination are commonly observed, causing substantial harm to insurance policyholders. In particular, complex special clauses and exemption provisions in insurance products are difficult for policyholders to recognize, and court precedents demonstrate that disputes arising from incomplete sales due to violations of the insurer’s duty to explain continue to occur.
In light of these characteristics of insurance contracts, discussions concerning the duty to provide information have emerged as a means of supplementing the existing duty to explain following the enactment of the Financial Consumer Protection Act. The duty to provide information is a comprehensive concept that requires sufficient information to be provided throughout the entire process before and after contract conclusion. However, under the current legal framework, this duty has not been explicitly codified, and the distinction between the duty to explain and the duty to provide information remains unclear, frequently giving rise to confusion.
Moreover, with the recent expansion of artificial intelligence (AI) utilization, insurance sales practices using mobile platforms, chatbots, and electronic documents have increased, while traditional paper-based policy delivery and face-to-face explanations are gradually disappearing. Nevertheless, whether explanations provided through electronic documents or AI chatbots can be recognized as the legal fulfillment of the duty to explain or, in the future, the duty to provide information has become a new area of debate.
Under these circumstances, this study comprehensively reviews the current legal framework and relevant court precedents concerning the duty to explain insurance policy terms for the protection of insurance policyholders, and examines directions for institutional improvement aimed at enhancing the effectiveness of such duty. First, the study reviews the current legal framework and major issues related to the duty to explain under the Regulation of Standardized Contracts Act, the Commercial Act, and the Financial Consumer Protection Act in Korea. In addition, with respect to the newly emerging issue of the duty to provide information, the study analyzes the current status and scope of application of relevant domestic legislation and compares and examines the relationship between the duty to explain and the duty to provide information.
Furthermore, by referring to the cases of major countries where consumer protection has been expanded through the duty to provide information, this study organizes the legislative status and key features of information disclosure obligations in major foreign jurisdictions from a comparative law perspective, and derives implications and improvement directions for the Korean insurance industry. At the same time, considering the accelerating trend of digitalization and AI utilization driven by advancements in information technology, the study examines the current status and future changes in the insurance industry incorporating digital and AI technologies, as well as prospective changes arising from the expansion from the duty to explain to the duty to provide information.
Based on the foregoing discussions and analyses, this study ultimately argues that, from the perspective of strengthening insurance consumer protection and enhancing the effectiveness of the duty to explain, it is necessary to selectively apply an additional duty to provide information for high-complexity insurance products in consideration of the characteristics of insurance products. In addition, the study highlights the impact of expanded AI utilization on the insurance industry and emphasizes the need to establish guidelines for explanation and information provision obligations in an AI-based environment.
The duty to explain insurance policy terms is a core and essential for enhancing fairness in insurance contracts and protecting insurance consumers. In order to improve the effectiveness of this duty, it appears necessary to expand it selectively into a duty to provide information, taking into account factors such as the complexity of insurance products, as a preventive supplementary mechanism to ensure proper fulfillment of the duty to explain. It is hoped that, through further discussions and evolving reforms, insurance will ultimately fulfill its role as a genuine “risk manager” that provides effective risk management against uncertain future risks for numerous insurance consumers.