인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
개인구독
소속 기관이 없으신 경우, 개인 정기구독을 하시면 저렴하게
논문을 무제한 열람 이용할 수 있어요.
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
If any partial or whole insurance contract is invalid, the insurer should take the duty of insurance premium refund. The contracting party’s right of premium refund proceeds when it is decided that the premium should be refunded, i.e., when the contract is confirmed as invalid. In this case, the theory of refund of unjustified enrichment is applied with regards to the insurance refund request. Therefore, according to the principle in Civil Law, prescription proceeds when the unjustified enrichment occurs.
However, due the unique feature of insurance contract, it is not possible to observe that the monthly premium is the occurrence of unjustified enrichment; thus, one should look at the total amount of premium as one in light of the relations to the risk of the whole period of insurance term. In particular, this prescription is shorter than other types of commercial activities, thereby to limit the rights of insurance contract parties. As a whole, this policy equalizes the relations between the beneficiaries from the premium and the parties who wish to get refunds.
Therefore, one needs to understand that the right of refund request should be based on the theory of one claim for refund due to the invalidity of insurance contract, rather than the monthly premium-based refund request right. In addition, when the insured pays the last premium, he or she can have the right of refund of the insurance contract premium, and it is, thus, recognized that the negative prescription proceeds from the time of final payment. This considers the legislative purpose for acknowledging the short-term based negative prescription for refund request right and agrees to take the justice and rationality at the same time. Otherwise, the insured has to keep paying the premium in spite of the fact that the refund right prescription is expired and he or she cannot claim a refund, which can cause disadvantages to the insured. Accordingly, this may make the insured bear the burden of disadvantage and excessively unfair.
However, due the unique feature of insurance contract, it is not possible to observe that the monthly premium is the occurrence of unjustified enrichment; thus, one should look at the total amount of premium as one in light of the relations to the risk of the whole period of insurance term. In particular, this prescription is shorter than other types of commercial activities, thereby to limit the rights of insurance contract parties. As a whole, this policy equalizes the relations between the beneficiaries from the premium and the parties who wish to get refunds.
Therefore, one needs to understand that the right of refund request should be based on the theory of one claim for refund due to the invalidity of insurance contract, rather than the monthly premium-based refund request right. In addition, when the insured pays the last premium, he or she can have the right of refund of the insurance contract premium, and it is, thus, recognized that the negative prescription proceeds from the time of final payment. This considers the legislative purpose for acknowledging the short-term based negative prescription for refund request right and agrees to take the justice and rationality at the same time. Otherwise, the insured has to keep paying the premium in spite of the fact that the refund right prescription is expired and he or she cannot claim a refund, which can cause disadvantages to the insured. Accordingly, this may make the insured bear the burden of disadvantage and excessively unfair.
#생명보험
#보험료
#보험료반환청구권
#부당이득반환
#소멸시효
#life insurance
#insurance premium
#insurance refund request
#refund of unjustified enrichment
#negative prescription
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
목차
- Ⅰ. 들어가는 말
- Ⅱ. 대상판결의 요지
- Ⅲ. 대상판결의 검토
- Ⅳ. 맺는 말
- 참고문헌
- 〈Abstract〉
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2013-360-001539122
