中韩两国保险人说明义务法律制度的比较研究

A Comparative Study on the Legal System of the Insurer's Explanation Obligation between China and South Korea

在法院系统审理的保险合同纠纷中,投保人、被保险人与保险人之间就保险人是否履行了明确说明义务这一问题存在很大争议,因保险人未履行明确说明义务而败诉的案件也比较多。立足保险业实践,从中韩两国保险人说明义务的对象、履行范围、履行时期、履行方法、履行程度、举证责任、法律后果等七个方面进行比较分析,由此提出了完善我国保险人说明义务的若干建议。

There is a lot of controversy in the court system of insurance contract disputes among the insured,the in-sured and the insurer on whether or not to fulfill a clear explanation obligation. Because there were quite a lot of ca-ses that the insurer did not fulfill clear explanation obligations. Based on the practice of insurance industry,this pa-per makes a comparative analysis from the following seven aspects：the object of the insurer’ s obligation,the scope of performance,the period of performance,the method of performing,the degree of performance,the burden of proof, legal consequences,and so on. And finally provides suggestions on improving the obligations of the insurer in China.