公有物件の災害共済制度 : 「保険と共済」の一部

概要

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In Japan, the Insurance Business Law has been in operation in order to regulate the insurance business. This law became effective in 1900 and since then it has been in force up to present partially ammended several times and throughly ammended in 1929. After the War, the revision of the law has became necessary to meet the new phases of situations, however because of the various reasons, it has not been realized. The Insurance Business Law admits the two forms of the company, namely, joint-stock company and mutual company, to run the insurance business and no other form of company nor an underwriter is allowed to operate the business. The Insurance Business Law controls only the life and casuality insurances, i.e. fire, marine, transportation, automobile and other miscellaneous insurances. Accordingly, the business which has no literary meaning of insurance but has the same purpose of insurance are not controlled by the Law as long as they don't use the name of insurance. Thus, in Japan, there are many forms of insurance business which are not controlled by the Insurance Business Law and frequently the cooperative associations conduct miscellaneous businesses for the industrial or economic purpose, in addition to the mutual aid business. The associations which operate insurance business are the Agricultural Cooperative Association, the Agricultural Mutual Aid Association under the Agricultural Indemnity Law, Fishery Cooperative Association, the Small Industries Cooperative Association, the Fire Insurance Mutual Aid Association, the Consumers Cooperative Association and other optional associations. These organizations operate the same insurance business as listed in the Insurance Business Law. Beside the aforementioned associations, there are also several kinds of mutual aid associations in the area of social insurance, for example, the Government Employees Mutual Aid Association the Public Corporation Employees Mutual Aid Association, and the Private Schools Teachers Mutual Aid Association operate the Health Insurance and Employees Pension Insurance. In addition to the insurance business of the cooperative associations which, the author believes, should be classified as business insurance, industrial insurance and social insurance, according to the method commonly used, there is an insurance by the cooperative associations against-damage-of the public property, that is the building and car which is almost similar to the fire insurance under the Insurance Business Law. The associations which operate these kinds of cooperative insurance business for the public property damage are classified as the following three national organizations such as 1) Prefectural Associations, 2) City Associations and 3) Town and Village Associations. These associations were officially organized under the Local Autonomy Law which was. revised in 1948 and which admits the Cooperative Insurance Business. The rate of the premium of these cooperative insurances is about half of that of insurance company and are continuously lowered tby a sliding scale. Nevertheless, the operating cost of the insurance business ,for the public property by local governments through their national associotion is low and each year made the considerable amount of surplus. With these surplus, the associations installed the fire service arrangements and fire prevention equipments for the area and built the large center in Tokyo. These insurance business made inroads into, the business of the fire insurance companies and become more powerful competitors year after year. This article has been prepared by the author to show the development of the special form of insurance business, the legal structure of the insurance business, analysis of the operation and future trends of the insurance business for the public, property by the cooperative associations.
慶應義塾大学の論文
1960-09-25

公有物件の災害共済制度 : 「保険と共済」の一部

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概要

慶應義塾大学 | 論文

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