타인을 위한 생명보험계약에서 이해관계조정

This paper tries to study the adjustment of conflicting interests in the life insurance contract for the account of third parties. It also contains a discussion of beneficiary's rights under commercial law and adjustment of conflicting interests between policy owner, his/her creditor, assignee and beneficiary. First of all, the status of beneficiary in Korea is so unstable, because the policy owner can change the beneficiary whenever the policy owner whishes. However an irrevocable beneficiary has a vested right to death benefit and cash surrender value in Germany and USA. In Korea, a policy owner could name an irrevocable beneficiary if s/he wishes. Therefore, this provision that “an irrevocable beneficiary has an immediate bested right to benefit and cash surrender value” must be adopted in Article 732 of the Commercial Act. A whole life insurance policy ordinarily confers on its owner a number of valuable property rights. They include the rights to obtain a policy loan, to withdraw or direct the application of dividends, and surrender the policy for its cash value. These rights are transferred in many ways. In such cases, there arises a problem of how to protect a beneficiary. I think that if law provides the status of an irrevocable beneficiary as is the case with the most advanced countries, this problem could be solved. In case where a policy owner assigns valuable property rights on the policy, s/he will change the policy owner's name in Korea. It is required that the insurer should give consent to the change of policy owner. A policy taken out on the life of another person is void without the written consent of that person. Article 6 of the Standard Life Insurance Policy Conditions provides that the written consent by the insured can be revocable at any time. However, if the insured can withdraw his/her consent at any time, the protection of beneficiary cannot be done. In this paper, exemption from attachment and the right of beneficiary intervention are discussed to adjust conflicting interests between the creditor of policy owner 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 policy owner. According to the draft of Article 734-2 of the Commercial Act by the Ministry of Justice of Korea, the creditor cannot seize on the half of death benefit. However, the creditor of policy owner may cancel the debtor's insurance contract to realize their claim to get the surrender value. It defeats the purpose of new article. I think that if law provides the statute of the irrevocable beneficiary as is the case with the most advanced countries, this problem could be solved. Another way to adjust conflicting interests between the creditor of policy owner 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, Article 14 of the Standard Life Insurance Policy Conditions provide a beneficiary's right to revive the insurance contract with the consent of a policy owner. It is the provision to protect the beneficiary, but it has problems as to “notification to the beneficiary” and “the revival of invalidated contract.” The author suggests that a new provision on the right of beneficiary intervention is necessary.