Parents in our country are highly interested in their children's health and safety.
So many parents are under so-called "fetal insurance" or "children's insurance" with their children insured during or immediately after childbirth.
However, in our ...
Parents in our country are highly interested in their children's health and safety.
So many parents are under so-called "fetal insurance" or "children's insurance" with their children insured during or immediately after childbirth.
However, in our commercial act(insurance section), only Article 732 is related to minors(Article 732(Prohibition of Insurance Contracts for Persons under 15 Years of Age, etc.) An insurance contract that designates the death of a person under 15 years of age, mentally unsound person, or mentally deficient person as a peril insured shall be null and void).
If the regulations are opposed, insurance contracts can include deaths, injuries, and diseases of children aged 15 or older. In addition, insurance contracts such as injuries and diseases of children under the age of 15 can also be concluded.
Children's insurance, meanwhile, covers life insurance for others whose parents are policyholders and minors are insured. If another person's death insurance is insured, the other person's written consent shall be obtained at the conclusion of the insurance contract (Article 731 of the Commercial Act).
In recent practice, the following problems arise because the insurer usually requires only the consent of its legal representative when signing an insurance contract, and claims that the consent of its special agent is omitted if the insurance claim is made due to an insurance accident.
1. What form should the consent of minors be carried out? In this regard, first of all, it is being debated whether the consent of minors can be represented, and if so, who can be represented.
2. The question is whether consent from minors is sufficient or, like ordinary legal actions of minors, additional consent from legal representatives is necessary.
3. Article 731 of the Commercial Act applies to casualty insurance as well, and it is questionable whether consent from the insured minor is required.
4. In the case of a mixture of death insurance and injury insurance, the effect is problematic if the insured does not agree.
Accordingly, in this study, we would like to review various legal issues surrounding insurance contracts with minors as insured and present an interpretation of them.