韓國의 保險犯罪 減少 方案에 관한 硏究

Abstract

As an insurance industry is rapidly growing into a developed country's level due to an advancement of industry in Korea, the insurance crime continues to increase. Accordingly, there are the studies relating to the insurance prime in progress, but most of studies relating to the crime type and problems are focused on an exposure for preventing the insurance company's business deterioration yet. There is no satisfactory study conducted for the purpose of reducing the crime effectively by preventing the insurance crime in advance through strengthening the government aspect's institutional arrangement. In particular, because the insurance crime takes monetary profits, it has the equal nature to fraud. But, the scope of damage is very wide because the damage is not simply limited to the insurance company, but is inflicted on all the insurance policy-holders who effect the insurance with the insurance company and pays the insurance premium. Accordingly, if the insurance crime is simply treated as fraud like now, there will be many difficulties in dealing with very sophisticated and expansive insurance crime. It is urgent to establish the legal measures for the insurance crime, one of highly-sophisticated forms of economic crime. Currently, Korea has the world's seventh insurance scale. We need to review the progressive plan of the insurance-advanced country through legislating the strong form's new regulation as the special law. The purpose of this study is to analyze what factors out of necessary factors for reduction of insurance crime are more important and should be first taken. A questionnaire survey was conducted for the insurance company's special investigators and the insurance crime-exclusive policemen in order to search the priority of factors required for the reduction of insurance crimes and the insurance crime reduction measures through Analytic Hierarchy Process that can measure a quantitative or tangible criteria as ratio scale in such an empirical analysis. To achieve the above purpose, the alternative and criteria suitable for the study were established and the questionnaires were analyzed by using the AHP structure and the Excel 2007 program to evaluate the relative importance of each evaluation factor with the scale with 1~9 and inverse number. As the result of analysis, it can be known that the legal and institutional arrangement is the most important factor for the reduction of insurance crime. Also, the insurance company's self-effort is the second important factor but a strengthening of investigatory powers was the lowest important factor. It is deemed that such the result comes from recognition that the insurance crime is caused by lack of lawㆍsystem. Also, the reason that the importance of the insurance company's legal and institutional arrangement is higher than the police's one, is because the company's complaint about lack of insurance crime-relevant law is reflected. Considering the police and insurance company's AHP analysis results on the measures for reduction of insurance crime, it can be concluded that the legal and institutional arrangements such as the insurance crime reduction-related special law, information offeringㆍsharing-relevant law, and an enactment of insurance fraud are the most important measures to reduce the insurance crime. Also, if the institutional arrangements such as the enactment of Special Criminal Act are completed to reduce the insurance crime, the crime will be easily prevented through arousing people's attention on the insurance crime, and the insurance crimes will be eradicated by actual and constant investigation. In addition, through preventing the leakage of insurance money, multiple good policy-holders will be protected and the healthy insurance industry will be promoted. Therefore, this study was intended for reducing the increasing insurance crimes, and was focused on the automotive-relevant insurance crime that occupies over 80% of all insurance crimes through literature review of reviewing the Korean literature such as the preceding studies and the Supreme Court's precedents. In particular, after analyzing the insurance-advanced countries' insurance crime measures and comparing the foreign insurance company's management state with Korean management state through mutual comparison method, the questionnaire survey was conducted for two groups of the police and insurance company to analyze the priority of legal‧institutional arrangements, strengthening of investigatory powers, and insurance company's self-efforts formulated by problems. Then, by analyzing it through Analytic Hierarchy Process, the priority of factors required for reduction of insurance crime and the necessity of special law legislation suitable for Korean situation was examined as the political measures. To study the insurance crime, the crime factors should be clarified and analyzed for the insurance-relevant prisoners, but it is difficult in reality. That is, this study has such the limitation. In conclusion, this study is intended to suggest the legislation of special law for prevention of insurance crime as the policy alternative among legal‧institutional arrangements by using the mutual comparison method through Analytic Hierarchy Process that presents the policy alternative to reduce the insurance crime, not the insurance criminal exposure-focused study.