국내 제3보험 시장 관련 경쟁정책 정비의 필요성과 고려사항에 관한 연구

Abstract

As the use of big data by AI progresses, it is expected that the ultimate customization for individual customers, early response to various risks of actual functions due to diversification of insurance underwriting risks (period, type, etc.), and product composition that matches the cost of each sales channel will be required. In this flow of change, it is necessary to intervene in the policy of the supervisory authority and to revise the specialized supervision law and insurance contract law in order to sell insurance products that meet the needs of consumers through the realization of fair competition in the third-party insurance market. Under these changes, it is necessary for competition policy and supervisory authorities to intervene appropriately in order to realize fair competition in the third-party insurance market so that insurance products that meet the needs of consumers can be sold. Therefore, issues under the Fair Trade Act should be examined in relation to the promotion of competition in the third insurance market. It is necessary to recognize the legality of exchanging information on experience statistics related to insurance rates of third-party insurance products between insurance providers through the exemption from the application of the Fair Trade Act for cartel considering the special characteristics of the insurance industry. Consideration could be given to promoting fair competition through administrative guidance issued by supervisory authorities. In this way, considering the characteristics of the insurance industry, which requires a sufficient amount of information to set reasonable prices for insurance products through actuarial factors, it is possible to consider applying the doctrine of exemption from the Fair Trade Act by considering certain information exchange activities as permissible joint activities. In the current situation where the third insurance market, namely the non-life insurance industry, dominates the market, if a life insurer is unable to use the common system (insurance computer network) operated by the Insurance Development Institute, thereby substantially restricting competition in the future and failing to protect the rights and interests of policyholders, it cannot be ruled out that such behavior may constitute unfair competition among non-life insurers. This leaves open the possibility that the area excluded from the application of the Fair Trade Act to the insurance industry may eventually be reduced. Therefor it is suggested that it is necessary for insurers to cooperate with each other in exchanging information based on administrative guidance such as the Fair Competition Guidelines in the third-party insurance market in order to promote competition.