생명보험금청구권 소멸시효와 관련한 법적 쟁점

Abstract

This paper examines several issues related to the right to claim insurance benefits, particularly focusing on the statute of limitations. First, the theories and court rulings regarding whether the right to claim insurance benefits is inherited as an original acquisition or as a succession were reviewed. It seems there is no debate that the right to claim insurance benefits is not part of the estate but rather the inheritor's own property. Both theories and case law generally agree on this point. The issue that arises, especially in relation to the right to claim insurance benefits, is the statute of limitations. The statute of limitations for insurance claims is currently set at three years, extended from the previous two years, yet disputes over this remain. Case law maintains that if a claim is made after the statute of limitations has expired, the insurer is not obligated to pay the insurance benefits. Upon reviewing cases from other countries, including major ones, it was found that statute of limitations rules vary by country. In other words, the statute of limitations is not so much a matter of legal logic as it is a matter of legislative policy. The statute of limitations is also influenced by the overall legal system, legal culture, and public legal consciousness of the country where the law is enacted. When compared to countries often considered insurance-advanced nations, our statute of limitations period does not appear short. However, in practice, it seems that even if a claim is made after the statute of limitations has passed, insurance companies (though not unconditionally) tend to pay the benefits after a certain internal review process. The reason for this, on the surface, may seem to be to gain trust from insurance consumers, but in reality, it is thought that the primary reason is to avoid administrative actions by the Financial Supervisory Service (FSS). The FSS not only evaluates financial companies, including insurance companies, annually but also holds powerful administrative authority to impose sanctions directly. Therefore, this paper considered more reasonable ways to address the statute of limitations for insurance claims and proposed two legislative directions: 1) differentiating the statute of limitations for life insurance and non-life insurance claims, and 2) protecting insurance consumers from the insurer’s negligence. Separate from this, albeit an obvious point, the FSS should more rigorously adhere to its founding purpose of establishing sound credit order and fair financial transaction practices. This means that, for the healthy growth of the overall insurance industry, it is necessary to provide robust protection to insurance consumers within the framework of the law and also impose reasonable regulations on insurance companies within legal boundaries.