영국법상 보험계약조건에 대한 연구 = A Study on the Insurance Contract Terms in English Law

다국어 초록 (Multilingual Abstract)

This article deals with English law relating to insurance contract terms, which is often referred to for a comparative research in Korea. English insurance contract terms are regarded as various, and considerably harsh and strict upon the insured. In particular, the warranty and the clause limiting the risk are particularly harsh and strict according to the current English law thereabout. However, the recent trend of protecting financial consumers, and the necessity for adjusting the existing law to the change of insurance contract circumstances have prompted a severe criticism against the favor of the current law for the insurer. It is not surprising that the English Law Commission published the working paper in 2006 and the consultation paper in 2007 for the purpose of reforming the law about the warranty and the clause limiting the risk, and are now preparing for the final report. This article analyses and evaluates the current English law and the above working paper by the English Law Commission, and finds their implications for the Korean law thereon. This article concludes as follows. Firstly, the above working paper suggests that the requirements and the effect of insurance contract terms be differentiated according to their kinds and the sorts of insureds such as the retail insured or the business insured. This desirable proposal seems also applicable to the Korean law which does not recognise it. Secondly, the above working paper also suggests that the insurer can be exempted from its liability only when the breach of an insurance contract term is causally connected to the loss. However, regarding the level of causal connection it does not require `cause the loss`, but `increase the risk` or `contribute the loss`. It might be said that this requirement gives little help to the protection of the insured, and therefore needs to be reconsidered.

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