타인을 위한 생명보험에 관한 입법론적 검토

Abstract

This paper tries to study the life insurance contract for account third parties and its implication for the amendment of Commercial Act. It also contains a discussion of benificiary's rights under commercial law and adjustment of conflicting interests between policyowner's creditor and the beneficiary. A whole life insurance policy ordinarily confers on its owner a number of valuable rights. According to Commercial Act § 732 ①, The policyowner can designate or change the benificiary. The Status of benificiary's in Korea is so unstable, because the policyowner can terminate the rights of benificiary whenever the policyowner whishes,However an irrevocable beneficiary has a vested right to death benefit and cash surrender value in Germany, USA. In Korea, a policyowner have to be able to name a benificiary irrevocably if she wishes. Therefore, this provision, "An irrevocable benificiary has an immediate bested right to benefit and cash surrender value" must be adopted in Commercial Act § 732. In this paper, Exemption Articles and the right of beneficiary intervention are discussed to adjust conflicting interests between the creditor of policyowner and the beneficiary in the life insurance contract. Exemption laws in Germany provided that the death benefits of a life insurance policy that is owned by the insured, and that names a spouse or children as beneficiary, shall be exempt from the claims of creditors of the policyowner. According to the draft of commercial code § 734-2 by Korea ministry of justice, the creditor cannot seize on the half of death benefit. However, the creditor of policyowner may cancel the debtor's insurance contract to realize their claim to get the surrender value. it is defeat the purpose of new article. I think that if law provided on the statues of the irrevocable beneficiary as most advanced countries, this problem could be solved. Another way to adjust conflicting interests between the creditor of policyowner and the beneficiary is the right of beneficiary intervention in Germany. The reform discussion about insurance contract law in Korea also is being done. Especially Standard Life Insurance Policy Conditions article 14provide a beneficiary's right to revive the insurance contract with the consent of a policyowner. It is the provision to protect the beneficiary,but it has problems as to 'notification to the beneficiary' 'the revival of invalidated contract'. The author suggest that new provision on the right of beneficiary intervention be needed in Commercial Act § 734-3.