장래의 퇴직급여가 이혼시 재산분할의 대상이 되는지 여부—대법원 2014.7.16. 선고 2013므2250 판결을 중심으로—

Abstract

The court holds that the property which the husband and wife accumulate together is the object to distribute in the divorce procedure. However the court is the opinion that the retirement benefits is not the object to distribute as the marital property, before it is concreted. But the majority opinion of Supreme Court Decision concluded that division of property is possible even in case the future retirement benefit is not yet concreted. In this study, I supported the majority opinion as following. First, property division system is accepted to settle all property relationships created during the married life at the dissolution of marriage. Also it is unfair, because the retirement benefits is the property which the husband and wife accumulate together during the marriage, even though it is concreted in the future. Besides, the marital property which is concreted not only in divorce procedure already, but also in the future should be acknowledged as the object to distribute. In the Future it is notable in what manner the court will devide the future retirement benefits at the dissolution of marriage and the writer tries to suggest the legislative bill about how to distribute the future retirement benefits.