장래의 퇴직급여채권의 재산분할

Besides real estates, deposits and stocks, pension rights are employee's one of the most valuable property. As life span increases, the significance of pension rights in marital property becomes even more valuable. For this reason the need of division of pension rights in the divorce practice is increasing. The Supreme Court has ruled that a pension right is not divisible if an employee is still working at divorce, because of many contingencies and difficulty of the determination of present value of pension right. However, considering the purpose of property division, equal division of all marital properties those built up by the cooperation of couples, pension right should be regarded as one of the most valuable property to be divided, despite its contingencies, difficulty in the determination of its exact value and the statutes providing that pension right cannot be assigned or attached. The Supreme Court decision (2013mu2250) has changed its opinion and ruled that future pension right is divisible at divorce. It is significant decision that moves a step forward to equal property division. However, since the Supreme Court leaves what portion of pension right is divisible and how it should be divided to lower court trials' discretion, many law suitcases about this issue need to be made. Furthermore, to solve this problem ultimately, legislation of division of pension rights should be considered.