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KMID : 0368820140530020061
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Journal of the Korean Neuropsychiatr Association
2014 Volume.53 No. 2 p.61 ~ p.71
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A Study on the Legal Issues and Challenges of Insurance Discrimination Against the Mentally Ill
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Shin Kwon-Chul
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Abstract
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Objectives: The purpose of this study is to criticize the legal reasoning of refusal to insure orprovide coverage to the mentally ill. This study focuses on the antagonistic fundamentals betweenlegal rationality and social solidarity in insurance relationship. Findings of this study suggest thatsocial solidarity should have the capacity to control legal rationality and economic efficiency.
Methods: This study surveyed affirmative actions of the state agencies against insurance discriminationthrough insurance codes of the Financial Supervisory Service, decisions of districtcourts, recommendations of the National Human Rights Commission, and legislation of the NationalAssembly.
Results: Actions of the state agencies to reduce insurance discrimination against the mentallyill are passive, ritualistic, and superficial. The policy failure of the state agencies is due to securingthe principle of contract freedom without controlling insurance companies.
Conclusion: In insurance relations, emphasizing the principle of contract freedom and the legal,economic rationality causes the socially marginalized to be excluded from social relationsand face social danger in naked. Social solidarity and public interest is the legal reasoning thatcan overcome the economic rationality of insurance companies.
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KEYWORD
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Insurance, Mentally illness, Discrimination
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