보험계약의 해지환급금과 이혼시 재산분할 - 대전가정법원 2014. 5. 22. 선고 2013르1147 판결 -

If a couple is divorced, they have to organize the property aspects as well as the identity relation. The Civil Code provide that the property achieved by cooperation during the marriage life could be liquidated. However, there are the several discussions the extent to which will be the subject of division of property in divorce. We think that this is a significant judgment because this covered the surrender value of insurance contract and division of property in divorce, not subject of division of property in divorce discussed already. We think, nevertheless, there is a problems in the concluding of this judgment at a number of respects. This judgment include the surrender value of insurance contact paid before the marriage as the subjects of division of property in divorce. But, we wonder where we can include the surrender value of insurance contract paid before the marriage as the subjects of division of property in divorce, in recognition that the plaintiff contributed to keep the insurance contract by do domestic labor directly and indirectly only from the disposition of property. In this thesis we examined the general of division of property in divorce and the legal nature of surrender value. And then we discussed whether the surrender value of insurance contract can be the subjects of division of property in divorce. It is not advisable to terminate the insurance contract easily and then divide the surrender value of insurance contract when a couple is divorce. Therefore we should not include the surrender value of insurance contact paid before the marriage as the subjects of division of property in divorce. That is not reasonable, especially when one of a couple had paid the premium before the marriage or when other relatives have paid the premium substitutingly. This judgment have a problem in respect that it included the surrender value of insurance contact paid before the marriage as the subjects of division of property in divorce. So we think the part of this judgment needs to amend in Supreme Court.