상법 제735조의2(연금보험) 조문의 해석상 문제점과 그 개정 방안에 관한 연구

Abstract

【Abstract】 A study on the critical interpretation on the acticle 735-2 of the Korean Commercial Law and the revision SEMIN PARK According to the Article 735-2 of the Korean Commercial Law, the insurer of life insurance contract may, upon the occurrence of an insured event on the life of the insured, pay the insured amount in installments as an annuity, as the contract provides. Although the title of the article is 'annuity insurance', this article only deals with the life contingency annuity. Therefore, no legal basis is provided for the other types of annuity insurance. In addition, this article has been used by the Korean life insurance companies as a legal basis for the view that the only life insurance companies are able to exclusively sell the annuity insurance. The background of introduction of this article in 1991 was to reflect the business custom at that time, which is that the annuity insurance was dealt with by the life insurance companies only. At this time, however, annuity insurance has been dealt with by the non-life insurance companies as well. The Artic;e of 735-2 should be deleted and new article in which the insurance companies may pay the insured amount in installments as an annuity, as the contract provides, covering all types of annuity insurance should be made.