보험 공동인수의 경쟁법적 문제점 및 해결방안

Abstract

Joint underwriting of insurance refers to an action of taking common coverage of the same risk in co-insurance contracts among two or more insurance business entities. It is classified into individual joint underwriting and designated joint underwriting according to the characters of insured objects. The latter is considered the insurance contract that covers a specific object with a rational reason of co-insurance owing to circumstances beyond control such as a national defense factories, a high-risk vehicles, marine or bonded goods and nuclear power facilities. The former means the insurance contract that covers an agreement more than two insurance business entities enter into regardless of the types of insurance business, the scale and kind of the risk, and the amount of premium. On the one hand, it is ecumenically acknowledged the legality of designated joint underwriting on the ground of national economic policies, but on the other hand, individual joint underwriting has very much likelihood of unreasonable cartel, restrains competition, and further brings out an undesirable result of instituting policy as well as harms insurance contractors’ interests. Despite of taking care of the danger individually, for many insurance entities to choose joint underwriting of insurance could violate Insurance Business Act Article 129 ‘Principles for Calculating Premium Rates’, and conform to Article 19(Prohibition of Unfair Collaborative Acts) of Korea Monopoly Regulation and Fair Trade Act. These practices should be prohibited because it could aggravate the collaborative conditions, hinder insurance contractors’ benefits, and involve serious negative effects of competition in the insurance business. A designated joint underwriting corresponding to residual market arrangement or assigned risk plan in U.S. is generally acknowledged because insurance contractors in the voluntary market cannot insure against the loss. Provided, even if it were so, it could be unnecessary according to clausula rebus sic stantibus and Financial Services Commission should review its necessity periodically.