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The Problem and Resolution of The Act for Prevention of Insurance Fraud

  • Received : 2018.11.21
  • Accepted : 2018.12.13
  • Published : 2019.01.31

Abstract

The insurance system is indispensable to our society. However in recent years, there have been a lot of insurance fraud crimes, such as the abuse of these valuable insurance system and the cheating the insurance proceeds. These insurance frauds make the insurance companies harder to manage, and as a result, the insurance premiums have risen, which has caused a lot of damaging good policyholders. However, the damage caused by insurance fraud has been continuously increasing due to the punishment of cotton stick. Therefore, after the long discussion, the 'The Act for Prevention of Insurance Fraud', which is a special law recently has been enacted. However, within two years of the enactment of this law, which was enacted after much anticipation and long waiting, there is already debate about its effectiveness. The reason for this is that even though the law was enacted and enforced, insurance fraud continues to increase and even punishment for these crimes is not strengthened, and now it is time to look for specific problems and resolutions for these crimes see. So in this paper the author dealt with the problems of the law, first, related regulation of insurance payment, second, right to terminate insurance contract and return of insurance proceeds, third, regulation on notification of investigations, fourth, regulations on the adequacy of hospitalization. Of course, since this law has just been enacted, there are many other problems besides these problems, but I tried to present a fresh resolution based on the problems that have been mainly discussed since the legislative period.

Keywords

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Fig. 1. Amount of insurance fraud caught and personnel change(billion won, person)[2]

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Fig. 2. Trend by insurance fraud type(million won)[3]

Table 1. Types of fraudulent charges[6]

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Table 2. 2017 Invalidation confirmation of insurance contracts and claims for wrongful return[13]

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