보험대리점의 선진화를 위한 제언 -특히 보험업법 제102조를 중심으로-

Abstract

It is of much importance to examine the Insurance Business Act §102, as the regulation deals with the issue who is responsible for the damage committed by the insurance agency. When researching the Insurance Business Act §102, we have to know the character and structure of the employer's liability of the Civil Act §756. Examining the employer's liability of the civil law in Germany, Switzerland, France, Austria, Japan, EU and the process of making the employer's liability regulation in Germany's Civil Act, we are able to know that the employer's control over the employee is prerequisite of his strict liability.

The Insurance Business Act §102 is a materialized expression of the Civil Act §756 which stipulates the employer's strict liability for the commitment of the employees and other persons controlled by him. By this regulation, the agent himself should be responsible for the damage committed by his own tort, while the juristic act of him is belonged to the principal. The Insurance Business Act §102 does not match such principle and reason as it stipulates that the insurer should be responsible for the damage committed by the insurance agency. So I propose that the Insurance Business Act §102 concerning the insurance agent has to be revised corresponding to the effect of the employer's liability of the Civil Act §756.