보험중개인은 보험중개 위임인에 대하여 수임인으로서의 선량한 관리자의 주의의무를 가지고 그 업무를 이행해야 한다. 그 중개위임 업무는 보험자와의 계약으로 이루어질 수도 있으나, 보통은 보험계약자와 보험중개인간에 이루어진다. 보험중개인은 풍부한 지식과 경험으로써 중개위임인(보험계약자)의 보험보호를 이행해야 하고 그의 의무는 중개위임인의 지시에 복종하면서도 때로는 위임인이 지시하지 않은 사항에 대해서까지 적극적으로 대처해야 할 정도로 매우 엄격하다. 보험중개인의 이러한 주의의무는 수임인으로서의 선량한 관리자의 주의의무가 구체화된 것이다. 이 주의의무는 보험중개인의 손해배상 책임을 매우 무겁게 할 수 있다. 보험중개 활동과 나아가 보험모집 시장의 활성화를 위해서는 중개위임인의 보호를 해치지 않는 한도에서 보험중개인의 엄격한 책임을 분산∙제한하려는 노력이 필요하다. 보험중개인의 엄격한 책임을 완화 내지 제한하는 방법으로는 책임보험계약 체결, 입법을 통한 책임제한 시도, 공동기업조직의 이용, 중개위임인(주로 보험계약자)에 대한 의무를 서면계약을 통해 명확히 구체화하는 방법과 위험전문가와 연계하는 방법 등이 고려될 수 있다.

The insurance broker should deal with his business with good ca re. Theauthorization for insurance broking is mostly given by the insu reds, but sometimesthe insurers make the broker his agent. Insurance broker has to carry out theentrusted work to make the insured safe by using his profession al ability and experience sufficiently. He should obey the truster’ s mandates principally.However, the active advice and inspection by his own decision of the insurancebroker is demanded at times. The insurance broker’ s duty of good care has been concretized as the duty of theentrustees. Why should be the insurance broker so careful with his duty? It can be answeredwith three reasons, which is the professional characteristic of the insurance brokingitself, the deep belief of his counterpart(the insured) and the social practice’ sstandard. Though very strictly determined liability of the insu rance broker tocompensate the injured which has been caused by his negligence of the duty canmake the truster(the insured) safe, the insurance broker himsel f may fall in thefinancial difficulties. It is desirable to make his burden redu ced for the activation ofthe insurance brokerage market as possible. The way to solve the problem is to contract the liability insurance, to try the legislation for the reduction of the insurance broker, to found the corporate organization or to use the fellow trading colleague, to contract with the truster(the insured or the insurer) with his duty documented and concretized, or to connect with the skillful professionals of the risks.

The insurance broker should deal with his business with good ca re. Theauthorization for insurance broking is mostly given by the insu reds, but sometimesthe insurers make the broker his agent. Insurance broker has to carry out theentrusted work to make the insured safe by using his profession al ability and experience sufficiently. He should obey the truster’ s mandates principally.However, the active advice and inspection by his own decision of the insurancebroker is demanded at times. The insurance broker’ s duty of good care has been concretized as the duty of theentrustees. Why should be the insurance broker so careful with his duty? It can be answeredwith three reasons, which is the professional characteristic of the insurance brokingitself, the deep belief of his counterpart(the insured) and the social practice’ sstandard. Though very strictly determined liability of the insu rance broker tocompensate the injured which has been caused by his negligence of the duty canmake the truster(the insured) safe, the insurance broker himsel f may fall in thefinancial difficulties. It is desirable to make his burden redu ced for the activation ofthe insurance brokerage market as possible. The way to solve the problem is to contract the liability insurance, to try the legislation for the reduction of the insurance broker, to found the corporate organization or to use the fellow trading colleague, to contract with the truster(the insured or the insurer) with his duty documented and concretized, or to connect with the skillful professionals of the risks.

duty of good care, profession al ability and experience, liability insurance, the legislation for the reduction of the insurance broker