“The petition has been filed as an insurance fraud, so come to the investigation!”



It's not a pleasant thing to suddenly hear the police tell you to come out for investigation.

It is quite burdensome to appear at an investigative agency as a victim of crime, but being investigated as a suspect would be even more so.

It was also said that when he was charged with being a'frauder', which refers to a person who commits unscrupulous behavior, he really fell down and injured himself, and a citizen has requested legal advice.



I reassured me not to worry about being unconditionally punished for being investigated by an investigative agency, but it was not enough to alleviate my anxiety.

Listening to the self-knowledge, I could understand the anxiety.

And this question came up.

"Why does this person have to suffer such anxiety?"



After receiving a call from the police station, he collapsed and was injured and delayed the attendance date, but the police called again saying that he had to come for an investigation by mid-December and said,'There are cases where complaints are dropped after agreement with the insurance company, so talk with the insurance company carefully.' Left a horse.

Just a few days after hearing the story, the insurance company employee contacted me and suggested that I finish it'beautifully', suggesting the following conditions.




"I consulted a medical institution, and 85% of the hospitalization period was concluded as a manager hospitalization, so I will withdraw the complaint if I decide to cancel the insurance contract by returning half of the insurance payments received so far."



Should this citizen finish the job'beautifully' as suggested by the insurance company?



Since 2002, the premiums paid every month, while saving living expenses while thinking that it was a waste, were paid to prepare for future risks.

Unfortunately, the person involved was injured in a car accident in 2015, and after that, they had to repeat hospitalization without recovering their daily life due to aftereffects.

Still, one of the fortunate misfortunes was that thanks to insurance, I was able to withstand the tough process.



However, the party is now facing the harsh reality that it is necessary to return half of the insurance amount and terminate the insurance contract to avoid police investigation.

'Will you fight the insurance company?'

Or,'Will the insurance company accept the terms of the agreement?'

The person who is at a crossroads of choice recalls the'hard' process that he endured well because of insurance, and said that there is no day to day when he thinks of the'hard' process he will have to endure because of insurance companies in the future.




If so, is the claim of the insurance company's'management hospitalization' correct?



In 2013, Mr. A, who was a golf course match assistant, suffered severe pain in the back and pelvis and applied for insurance payment. After suing, the prosecution accepted the complaint from the insurance company and handed over Mr. A to trial as an insurance fraudster.



Mr. A, who was tried as a defendant, was admitted because his doctor told him to be hospitalized, and he was discharged because he asked him to leave the hospital, but he complained of his resentment, asking what ability he had so that he could be admitted to the hospital at will.

In addition, even for the data that the prosecution provided for the appropriate hospitalization period, hospitalization treatment periods may vary from person to person, raising the question of whether it is appropriate to simply put general standards into individual issues.



The court eventually found the accused innocent on this matter.

Below are the reasons for innocence stated in the judgment.


[▶ Full text of the ruling (Ulsan District Court 2014. 2. 20, 2013 Godan 3889)]


「"Evidence held by the prosecutor in this case has no data on the fact that the defendant exerted influence on the doctors who decided the hospitalization period by paying money, etc. It is not enough to admit that the defendant deceived the victim for the



appropriate length of hospitalization

.

It cannot be said that it is applied as it is."


In fact, for most patients who have difficulty in exerting influence over doctors, such insurance scams are a crime that cannot be done even if they want to do so, since the doctor who treats the hospital has the authority to decide the length of hospital stay.

In addition, the treatment period may vary from person to person, and hospitalization and discharge are determined by the doctor who faces the patient, so unless there are special circumstances, it should be respected. There is a high risk of undermining the doctor's medical practice.



Insurance consumers who are struggling as insurance fraudsters from insurance companies are not unique to these people.



In 2016, when a person suffering from epilepsy suffered a traffic accident and suffered a conflict over insurance premiums, the insurance company repeatedly filed complaints and complaints to the investigative agency, claiming to be an insurance fraud. He even filed a lawsuit in court asking him to compensate for his mental suffering.



The court also sentenced to a ruling to pay 2 million won for alimony, acknowledging not only alimony caused by traffic accidents, but also mental damage caused by repeated complaints by insurance companies, in response to the unfair appeal of insurance consumers.


▶ articles [do con artists to apply for insurance ... 'lawsuit Jinan' tyranny;



and Mr. Mo known as media reports in 2011 also was the same.

At that time, Mr. Aunt asked for help from the Financial Supervisory Service to stop the tyranny of the insurance company that was driving him as an insurance fraudster at the time, but the Financial Supervisory Service only urged him to drop a complaint saying he could not intervene in the case under investigation.

Even after 10 years, there is no news that the Financial Supervisory Service changed its position at the time.




The Financial Supervisory Service operates an insurance fraud prevention center.

As written in the greeting on the homepage, insurance fraud should be eradicated because it destroys the values ​​of sound ethics and respect for life, mass-produces victims of good faith, and ultimately threatens the foundation for the existence of the insurance system.



However, just like the insurance consumers who had to claim for alimony because of the high number of hospitalizations and the long hospitalization period, they were flocked to insurance fraudsters seeking insurance money and were handed over to trial. It is also the job of the Financial Supervisory Service to protect insurance consumers who are under such unreasonable threats.

However, the difficulties experienced by insurance consumers and the story of preventing such damages cannot be found anywhere on the website of the Financial Supervisory Service.



Shouldn't the Financial Supervisory Service make more efforts to prevent the unfair behavior of insurance companies that try to prevent additional insurance payments and terminate insurance contracts by driving ordinary citizens into insurance frauds, as much as efforts to prevent insurance fraud, such as looting patients seeking insurance money? ?



This is because the Financial Supervisory Service is a state agency established to supervise insurance companies for the purpose of protecting insurance consumers, and not a state agency established to supervise insurance consumers for the purpose of protecting insurance companies.



Article 1 (Purpose)


of the Act on Establishment of the Financial Services Commission

(Purpose)

This Act establishes the Financial Services Commission and the Financial Supervisory Service to advance the financial industry and stabilize the financial market, establish a sound credit order and fair financial transaction practices. It aims to contribute to the development of the national economy by protecting financial consumers such as depositors and investors.


[Full text amended on March 21, 2012]


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