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Discrimination in the Purchase of Insurance on the Grounds of a Disability [2007] KRNHRC 4 (1 January 2007)

Citizen "Lee," a person with 5th-class physical disability wire transferred the first
premium after he purchased a driver's insurance policy from an agent by phone at a
Contact Center of "E" General Insurance Company. One day later, another agent called
Lee and said that the insurance policy was void because Lee had a spinal disability. Lee
filed a complaint with the Commission that "E" General Insurance Company discriminated
against him on the ground of a disability.

"E" General Insurance Company insisted that it did not discriminate against a person
with a disability, saying that the complainant personally notified it of the diagnosis of
lower limb paralysis caused by myelitis. It said that it rejected any insurance applications
from people with or without disabilities if notice is served of a diagnosis of lower limb
paralysis in accordance with its insurance acquisition guidelines.
The Commission found the following facts:
(1) "E" General Insurance Company would review applications from people with 4th and 5th-class
disabilities case by case according to the cause of their disabilities and diagnosis;
(2) the complainant notified the agent several times of the fact that the diagnosis of lower limb
paralysis caused by myelitis was made when he was a third grader in middle school and that the diagnosis
had nothing to do with the current disability. The agent confirmed the irrelevance between the diagnosis and
the current disability of the complainant;
(3) One day later, however, another agent notified the complainant of the cancellation, arguing that Lee had
mentioned that the diagnosis of lower limb paralysis caused by myelitis was related to the current disability when he
purchased the insurance product;
(4) "E" General Insurance Company allowed consumers to buy the insurance product that the complainant bought
without a medical examination for convenience, but requested insurance buyers to get a medical examination during the
insurance review process.

The Commission concluded that the insurance cancellation by "E" General Insurance
Company constituted discrimination based on disability and medical history. It stated that
"E" General Insurance Company linked the medical history of the complainant to the
current disability, when it had knowledge of the complainant's disability, and that "E"
General Insurance Company cancelled the insurance contract based only on the fact that
the complainant had a disability and a medical history, without allowing the complainant to
get an additional medical examination.
The Commission recommended that "E" General Insurance Company review the
insurance cancellation and improve insurance purchasing and examination procedures to
prevent the recurrence of similar incidents, saying that the contract cancellation constituted
discrimination on the ground of disability and medical history.