A Study on the Application of Terms Regulation Act to Agreements Related to Insurance Workers : focusing on the supreme court ruling of June 30, 2022, 2019Da246696 ·2019Da246702

Insurance workers refer to individuals or organizations that act as intermediaries or agents between insurers and policyholders. Insurance workers includes branch managers, insurance consultants and so on. Insurance workers enter into various contracts and agreements with insurers during the processes of appointment, performance of duties, and termination. However, questions arise regarding whether the Terms Regulation Act should apply in cases of disputes related to contracts or agreements with insurers. It may seem reasonable for Terms Regulation Act is applied to contracts or agreements. Because contracts or agreements can be seen as pre-prepared contractual terms established by insurers to enter into agreements with multiple insurance workers and insurance workers are considered to be in a subordinate position compared to insurers. But, first, in some contracts or agreements between insurers and insurance workers, the presence of individual negotiations raises the question of whether the requirements for the validity of the terms have been met. Second, there are also insurance workers whose status as employees is recognized by the insurer. And last, even if an insurance worker's status as an employee is not recognized, there are insurance workers who, depending on their type, experience, and performance, cannot necessarily be considered to be in a subordinate position compared to the insurer. The purpose of Terms Regulation Act is to invalidate unfair terms and to regulate businesses that apply them, ensuring that economically weaker parties can enjoy the freedom of contract. Therefore, rather than applying Terms Regulation Act unconditionally to insurance workers, it is necessary to carefully examine whether each insurance worker requires protection under Terms Regulation Act and whether the relevant contracts or agreements meet the requirements for the validity of Terms Regulation Act, thus applying it more cautiously. The cautious application of Terms Regulation Act can prevent its indiscriminate application from undermining the intentions and purposes of the parties involved in contracts or agreements, as well as prevent insurance workers from abusing the strict obligations and sanctions imposed by Terms Regulation Act.