On The Comparison Of Chinese And Korean Underwriter's Obligation System

In social life,human beings often encounter various dangers such as unpredictable fire,disease,accident and death.Because it is difficult for individuals to deal with these risks alone,the insurance system was born,which was designed to gather social forces to deal with such uncertain risks.Generally speaking,the operation way of insurance system is: the insurance company is not specific most of the policyholder as the object,a large number of insurance contracts are signed,the content of each transaction is decided by the policyholder individually through consultation,the initial insurance setting mode needs to consume a lot of time and money costs,and in the operation level is very difficult.However,the essence of insurance products is to protect future risks and other intangible services.From the perspective of insurance consumers,they are not equipped with professional knowledge,so it is difficult for individuals to fully understand the terms and conditions of insurance payment.It is in view of this situation that insurance companies have developed uniform and applicable insurance clauses to simplify their own transactions and protect the convenience of the insurer.With the changes of financial environment brought by the globalization of financial market and the development of large-scale financial companies,the problems caused by the increasing complexity of insurance products cannot be ignored.In practice,based on the asymmetric information environment,insurance companies tend to take advantage of various superior positions,when signing the insurance contract with the policyholder,to sign a favorable contract for the insurancecompany,while using some clauses to cause confusion to the insurance consumers.In order to prevent the occurrence of this situation,countries have introduced a system of prior protection-"insurer's obligation to state".Nowadays,financial consumer protection is paid more and more attention in the world,and insurance consumer protection should not be underestimated.China enacted the insurance law in 1995,which was first revised in 2002 and went into effect on October 1,2009.In contrast,the republic of Korea amended the commercial law(insurance)on 31 December 1991 and implemented it from 1 January 1993.These two laws are the main systems of insurance regulation and insurance transaction in China and Korea.This paper is a comparative study on the obligation of Chinese and Korean insurers.Demonstrative obligation in the insurance law in order to avoid the applicant does not fully understand or not understand clauses content under the condition of entering into a contract,is a policy-holder loss prevention system,within the system of insurance rights and obligations,the underwriter demonstrative obligation is placed before the contract of insurance of insurance contract is one of the important obligation of the parties.The author will make a comparative study of the insurer's explanatory system in China and South Korea,and discuss the insurer's obligation system in detail.By analyzing relevant laws and literature,this paper discusses the problems and development direction of Korean insurance law.In addition,will also pay close attention to the underwriter demonstrative obligation theory,the basis of demonstrative obligation of each other,and the performance and the scope of demonstrative obligation,the underwriter demonstrative obligation of burden of proof and the legal effect when the insurer in violation of the demonstrative obligation of comparison,points out that compulsory insurance law in South Korea legal problems,and puts forward some countermeasures to improve,to deepen the underwriter explain the legal obligation to understand.In the process of discussion and comparison,the knowledge structure and legal contents related to Chinese insurance law are combined,in an attempt to enhance the cognition of Chinese law in the process of comparative law research.Specifically,this paper is divided into four chapters:Chapter one summarizes the general principle of the insurer's obligation to explain.This part explains the meaning and characteristics of explanatory obligations,and onthis basis compares the differences between the legal systems of explanatory obligations in China and South Korea.From the perspective of the role and significance of the whole article,the first chapter is an introduction to the basic principles,which lays the overall tone and research foundation of this paper.The second chapter makes a comparative analysis of the obligation structure between China and Korea.Through the subdivision comparison between China and South Korea,the differences between China and South Korea are distinguished.Compared with the basic theory of the first chapter,this chapter focuses on a pluralistic structural analysis,which makes legal issues more substantial.Chapter three focuses on the judicial application of the regulation of the insurer's obligation to explain.The insurance law of China is a code structure which makes up the relationship of insurance contract and the relationship of insurance industry.On the contrary,the commercial law of the republic of Korea stipulates the "insurance contract relationship" in the "insurance relationship" part of the provisions and rules law.At present,the Korean provisions on the legal effect of the insurer's breach of the obligation of explanation are contradictory in the commercial law and the provisions and rules law.Among them the more controversial is the scope of the obligation to explain the insurer's exemption clause.This chapter,on the basis of its scope,explores the comparative legal doctrine of the effect of violation and the position of the Korean grand court.The fourth chapter explores the three problems of South Korea's explanation of obligations and proposes the direction of improving the legal norms of South Korea's explanation of obligations based on China's legislative experience.Finally,the main research results of relevant contents are sorted out and the conclusion of this paper is drawn.The last chapter plays a summative role in the paper,and highlights the conclusion of the comparative study.