保險募集補助者의 法制에 관한 韓ㆍ日間 比較硏究

Abstract

The purpose of this thesis is to compare Korean and Japanese laws for legal status of intermediaries. Assistant insurance recruiter includes insurance salesman, broker and agent, who mediate and stand proxy between insurer and policyholder. The system and regulation for assistant insurance recruiter differ in each country as economic, social and cultural background varies. Nevertheless, system and regulation in Korea and Japan are similar since insurance salesman and agent play important role as major insurance solicitor. In particular, Japanese insurance recruitment system reflects many of our own problems in many aspects because Korean system took after it. This thesis cover the outline of intermediaries in both countries in Chapter 2, legal system of insurance salesman and insurance agent in chapter 3, protective provision in case intermediaries carry only the meditating authority in chapter 4, and comparison of legal status of insurance brokers between Korea and Japan in chapter 5. Chapter 3 deals with system in which defines Korean assistant insurance recruiter as insurance salesman, insurance broker, and insurance agent whereas, in Japan, it is insurance solicitor, non-life insurance agent and insurance broker. Although insurance recruiters in both countries play similar role, regulation differs according to the country's different condition and environment. Chapter 4 covers the protection or policyholder when only the meditating authority is permitted to insurance recruiters. In Korea, this problem can only be solved with liability fallen on customers or with apparent agency law. On the other hand, Japan made progress in insurance legislation through revision of insurance law which includes provisions of imposing express duty on assistant insurance recruiter. Chapter 5 covers insurance broker system, which was introduced in both Korea and Japan in late 1990s. The legal status of insurance broker isconsidered business broker in Japan while they are viewed as representative in Korea. There are similarities of insurance laws between Korea and Japan. However, in order to find out solution, it would be helpful to learn from Japanese experience since Japan has more advanced insurance system and it shares common aspects with Korean legal system.