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.
이용수
초록· 키워드
오류제보하기
At the moment, the insurance crime had no consistent definitio n and had common factors at definition of the concepts, for instance, intentional cover-up of insurance related facts and the facts related false statement, deception and disturbance of judgment of others relying upon acquisition of some values, and incurring of losses and damages upon others by false statement. In other words, all of activities that infringed legal benefits and fair trade order of insurance contract parties were thought to be insurance crime: Therefore, the insurance crime was defined to get insurance benefits illegally that insurance contractors, insured persons and beneficiaries, etc could not get in accordance with insurance system principles, and to commit artificial and illegal actions by the ones who took intentional and vicious actions to get high value insurance money by taking advantage of insurance system.
To control insurance crime and show insurance ability effectively, a plan was required to control illegal acts directly that were committed to obtain insurance money by fraud. Of course, current laws and regulations had punishment clauses on insurance crimes. The criminal law had regulations that could punish insurance crime by fraud crime related regulations and murder as well as arson having purpose of obtaining of insurance money by associated regulations. However, the insurance crime made ill use of the insurance that could protect social community from future risks, so that it attempted to get monetary benefits to weaken risk guarantee levels: Therefore, illegality of the insurance crime was thought to be different from that of basic crimes of the criminal law. The conditions of illegal acts getting insurance money by fraud that were differentiated from existing crime conditions should be defined to enact proper punishment regulations.
Most of the states in the United Stated stipulated that insurance fraud belonged to serious offense: Germany, Austria, Italy and China, etc had independent regulations that could punish insurance crime in accordance with criminal laws and regulations. However, each country had various kinds of insurance businesses to have inconsistency of illegal acts and to have a variety of punishment types and to have different judgment scales on punishment degrees. Despite of such differences, those countries basically agreed to the principle that illegal acts that got insurance money and insurance service benefits in unfair way should be punished criminally.
To take effective actions against expanded insurance crimes and introduce criminal punishment regulations on insurance crimes, either criminal law or insurance law might introduce the regulations. Considering contents and legislative processes of current laws and regulations, insurance crime laws should be enacted to regulate insurance business and to have actual effectiveness.
To control insurance crime and show insurance ability effectively, a plan was required to control illegal acts directly that were committed to obtain insurance money by fraud. Of course, current laws and regulations had punishment clauses on insurance crimes. The criminal law had regulations that could punish insurance crime by fraud crime related regulations and murder as well as arson having purpose of obtaining of insurance money by associated regulations. However, the insurance crime made ill use of the insurance that could protect social community from future risks, so that it attempted to get monetary benefits to weaken risk guarantee levels: Therefore, illegality of the insurance crime was thought to be different from that of basic crimes of the criminal law. The conditions of illegal acts getting insurance money by fraud that were differentiated from existing crime conditions should be defined to enact proper punishment regulations.
Most of the states in the United Stated stipulated that insurance fraud belonged to serious offense: Germany, Austria, Italy and China, etc had independent regulations that could punish insurance crime in accordance with criminal laws and regulations. However, each country had various kinds of insurance businesses to have inconsistency of illegal acts and to have a variety of punishment types and to have different judgment scales on punishment degrees. Despite of such differences, those countries basically agreed to the principle that illegal acts that got insurance money and insurance service benefits in unfair way should be punished criminally.
To take effective actions against expanded insurance crimes and introduce criminal punishment regulations on insurance crimes, either criminal law or insurance law might introduce the regulations. Considering contents and legislative processes of current laws and regulations, insurance crime laws should be enacted to regulate insurance business and to have actual effectiveness.
목차
Ⅰ. 들어가는 말
Ⅱ. 보험범죄에 대한 개념정의
Ⅲ. 보험범죄에 대한 형벌규정 도입논의의 필요성
Ⅳ. 보험범죄에 대한 외국의 입법례 검토
Ⅴ. 보험범죄 처벌규정 도입에 관한 입법론적 제언
Ⅵ. 맺음말
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UCI(KEPA) : I410-ECN-0101-2012-364-003956763