보험계약에 있어서 상속인이 보험금청구권을 취득하는 경우의 법적 문제

Modern life insurance policies provide a broad selection of methods of payment of the proceeds to accommodate the tax and other interest of the beneficiary. Through these options, the life insurance policy has become a major functioning part of the owner's estate plan. When a inheritor of the insured is named as beneficiary and he refuses the succession at the time of death of the insured, he can take any proceeds. This rights is inheritor's Own Property. Therefore, if a inheritor of the insured is named as beneficiary and he refuses the succession at the time of death of the insured, the question frequently arises as to whether the beneficiary is to 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 Article 1004 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. It could cause some problems such as determination of the allotment ratio among coinheritor if many inheritors have the Right to take any proceeds. We think that the amount calculated under Korean Civil Law Article 1009 is very fair in this case.