우리나라 퇴직연금제도의 현황 및 구조적 특성으로 인한 법적 문제

Recently the retirement pension plan comes into the spotlight in Korea according to entering into an aging society rapidly. Since a retirement pension plan has such a complicated structure that is composed of the variously interested parties such as employer, employees, a retirement pension trustee providing operational management services, a retirement pension trustee providing asset management services, it is necessary to discuss clearly legal issues due to complication of structure in order to ensure stable retirement lives of employees and protect them as consumers. In this paper, in the first I look over the legal system about the business situation of retirement pension plan in Korea, and then review legal issues due to the structure such as the liability of retirement pension trustee under the agreement between the trustee and the employer for benefits of employees, concurrent services of operational and asset management, and firewall that is between sale service and advice service of retirement pension plan, finally this pursue the betterment of legal system for such issues through looking around similar plans and their developments in advanced countries and recent institutional reform in Korea. Consequently, First concerning liabilities of trustee, I discuss each legal responsibility in the contract on operational management services and in the contract on asset management services, and suggest a opinion on improvement to protect benefits and enjoyments of employees as the third party, that is beneficiary in the agreement between the trustee and the employer. Second, concerning concurrent services of operational and asset management, I assert that it is important to make a mutual control and monitor to operate in proper order by limiting such concurrent services or minimizing conflicts of interests, Third concerning firewall between sale service and advice service of retirement pension plan, I insist on making plans such as introducing the Independent Financial Adviser(IFA) and activating the Robo-adviser that allows the advice service to escape from the influence of sale service and enables employees as financial consumers to use advice service with convenience and at a resonable price.