보험수익자의 지정과 보험수익자의 권리

Abstract

Although capital transactions on the rights under life insurance contracts are active worldwide, legal review on them in Korea is meager. In legal issues related to the transaction of rights under a life insurance contract, the issue of the status of the beneficiary related to the designation of the beneficiary should be discussed first. As issues related to the designation of beneficiaries were discussed in recent Supreme Court precedents, this paper will deal with the designation/change of beneficiaries and the status of the beneficiaries. In this paper, the policyholder's intention to designate or change the beneficiary was emphasized, and the status of the beneficiary was examined according to the type of designation/change of beneficiaries. Basically, I took a critical approach to the issue of how to determine the insurance beneficiary and the current prevailing views on the beneficiary's rights. In other words, the types of beneficiary designation are divided into revocable cases and irrevocable cases, and in the revocable case, the insurance beneficiary has the expectation (right) to acquire the specific death benefit in the event of an insurance accident along with the designation, and in the irrevocable case, It was assumed that the definite benefit right was acquired immediately after designation. In particular, regarding the scope of rights of insurance beneficiaries, the irrevocable beneficiaries may have other rights, including the right to claim the cash surrender value. The Right under a life insurance contract is a right that has property value and is a right that can be transferred or disposed of. Clarifying the attribution and disposition of this right is also a premise for clarifying the legal relationship regarding the transaction of rights under life insurance contracts. Although there is a limit to this discussion without a legislative solution, it is hoped that it will be expanded to discussions on the transfer of not only the beneficiary's benefit but also the right under the life insurance contract, or the relationship between the policyholder's creditor and the beneficiary.