보험수익자 개입권제도의 도입에 관한 고찰 - 일본의 보험수익자 개입권제도를 중심으로 -

Abstract

The position of the beneficiary, who is the inevitable existence of life insurance for others and who has right to claim insurance, needs to be protected. In addition, it is also supported by the fact that the relatives of policyholders or the insured often become the beneficiary of life insurance for others as life insurance for others’s main function is protection of the survivor after the death of the insured. It is necessary to limit the variability of the beneficiary’ status, except for the exercise of the policyholder's right to designate and change the beneficiary. In particular, a system is required to protect the beneficiary from unforeseeable actions, such as the exercise of rights by the policyholder's creditors or others for rights of insurance policy. As a result, the right of intervention of the beneficiary is drawing attention as an beneficiary protection system. The right of intervention of the beneficiary means a system in which the beneficiary can pay the policyholder's creditors or others a certain price and become a party to an insurance contract to protect their rights if the restriction on rights of insurance policy is made by the policyholder's creditors or others. The system can protect not only the position of the beneficiary but also the rights of the policyholder's creditors and others, thus seeking harmony of the two parties' interests. The benefit of the right of intervention of the beneficiary is that it can effectively protect the beneficiary's status without requiring unilateral sacrifices, such as the policyholder's creditors. Therefore, I believe that it is worth considering the possibility of introducing the right of intervention of the beneficiary as an beneficiary protection system. This system is typically implemented in Germany and Japan. Among the two, I would like to examine the possibility of introducing the system based on Japan's right of intervention of the beneficiary and propose legislative improvement measures against it.