보험금청구권과 상속관련 법적 문제

Abstract

Life insurance's main purpose is ensuring the survival of the bereaved family members after they die, so usually someone who is not an insured person is designated as an insurance beneficiary. If the heirs of the insured or the beneficiary of the insurance obtain the right to claim the insurance, various legal issues occur related to inheritance. However, the commercial law does not have a related regulation, and it causes confusion in practice. If the heir becomes the beneficiary of the insurance, the benefit of the beneficiary of the insurance is the inherentor's own property, not inherited property, as it is due to the effect of the life insurance contract. The intention of the party seems to include not only the status of the heir of the beneficiary but also the inheritance rate of the insurance beneficiary among coinheritor, so the amount calculated under Korean Civil Law is fair. Even if the heir refuses the succession at the time of death of the insured, he/she can take any proceeds. Any beneficiary who intentionally causes the death of the insured is disqualified form receiving the proceeds according to the policy terms. Meanwhile, Korean Civil Law prescribes disqualification of inheriting those who have committed acts referred to in non-ethics behavior. According to the prescription, the disqualification of succession is disqualified form receiving the proceeds according to the policy terms. Although the right to claim insurance is the inheritor's own property and not included in the object of econsultation division of inheritance property, it is valid in principle of private autonomy to include and divide. When one of the inheritors of a insured is designated as a insurance beneficiary, he/she can take death benefits. However, death benefits has certain points of likeness to inheritance in that is it paid by the his death, in some exceptional cases there is special circumstances that harms the equity of other inheritance seriously, the death benefits can beregarded as special benefits in Korean Civil Law. And in this case, death benefit as special benefits can be counted on the basis for legal reserve of inheritance.