상법 제735조의3(단체보험) 조문의 해석상 문제점에 대한 소고

Abstract

The article 735-3 of the Korean Commercial Law is incomplete. The characteristic of the group insurance is the life insurance contract for third party. Therefore, in general the insured should be regarded as a beneficiary and this interpretation should be included in the article 735-3. If the policyholder designate the third party other than the insured as a beneficiary or change it, after entering into a contract, the written consent of the insured should be required. This interpretation corresponds with the nature of the group insurance and the insured can be protected. When the group obtains the written consent from the insured about the designation itself as a beneficiary, the purpose of use of the insurance money should be restricted. In addition, the duty to explain the purpose of use of the insurance money should be imposed on the policyholder. Under the current article, the interpretation should be flexible. Even though the policyholder(group) obtains the insured's consent about the designation itself as a beneficiary, the designated beneficiary(group) should be regarded as a nominal beneficiary. Therefore, after the nominal beneficiary received the insurance money, he should give it back to the insured or his surviving family. This interpretation is based on the principle of good faith and the nature of the group insurance.