중국보험법은 제17조와 제18조에서 보험자에게 보험약관에 대한 설명의무와 면책약관 등에 대한 “명확설명”의무를 부과하고 있다. 약관의 설명의무는 보험계약자가 알지 못하는 불이익한 약관의 내용에 구속되는 경우를 방지하여 위하여 일반적으로 인정되고 있다. 그러나 중국의 경우 보험자에게 일반인에 대한 보험지식의 전파라는 사회적 책임과 의무로서 일반설명의무와 “명확설명”의무를 함께 규정하고 있다는 특징을 가진다. 이 글에서 저자는 중국보험법상의 “명확설명”의무의 개념과 이행 대상을 중심으로 검토하고, 의무 위반시의 효과에 관한 최근 판례를 분석하였다. 이를 통해 약관 설명의무위반시 보험계약의 취소를 규정하고 있는 우리 상법 제638조의3에 대한 시사점을 찾고자 하였다.

A Study on the Insurer’s obligation of “evident explanation” in Chinese Insurance Law The article 18 of Chinese Insurance Law charges the insurer with obligation of evident explanation insurance clauses, specially indemnity clauses, before the contract is concluded. If the insurer fails to makes such clear explanation, subject to this provision, he cannot be discharged from liability. Because insurance contract is a sort of adhesion contract, the assured merely yield to insurance clause which the insurer has already drawn up. In that circumstance, the insurer often intend to insert several clauses to the assured's disadvantage. In order to prevent the insurer's wicked doing and protect the assured, most of country charge the insurer with duty of explanation insurance clauses. But Chinese Insurance Law has a peculiarity that it gets the insurer to perform a kind of social duty of spreading knowledge of insurance. In this study, the writer introduce what is the insurer's obligation of clear explanation in China and examine the recent cases which relate to breach of duty. And the writer review the article 638-3 of Korean Commercial Code that if the insurer breaches of duty of explanation, the assured may avoid the contract within 1 month from the date the policy is issued.

A Study on the Insurer’s obligation of “evident explanation” in Chinese Insurance Law The article 18 of Chinese Insurance Law charges the insurer with obligation of evident explanation insurance clauses, specially indemnity clauses, before the contract is concluded. If the insurer fails to makes such clear explanation, subject to this provision, he cannot be discharged from liability. Because insurance contract is a sort of adhesion contract, the assured merely yield to insurance clause which the insurer has already drawn up. In that circumstance, the insurer often intend to insert several clauses to the assured's disadvantage. In order to prevent the insurer's wicked doing and protect the assured, most of country charge the insurer with duty of explanation insurance clauses. But Chinese Insurance Law has a peculiarity that it gets the insurer to perform a kind of social duty of spreading knowledge of insurance. In this study, the writer introduce what is the insurer's obligation of clear explanation in China and examine the recent cases which relate to breach of duty. And the writer review the article 638-3 of Korean Commercial Code that if the insurer breaches of duty of explanation, the assured may avoid the contract within 1 month from the date the policy is issued.

Chinese Insurance Law, insurance clause, obligation of explanation insurance clause, Indemnity clause, the article 638-3 of Commercial Law