보험금청구권의 포기에 관한 연구

Life Insurance for Benefits of Third Party is a special contract in the commercial law that has a different characteristic from the contract for the benefit of a third person in civil law. In life insurance, a beneficiary has right to claim of life insurance. Right to claim is inherited property or inherent to a beneficiary depending on the type of occurrence. Therefore, the property of beneficiary should be categorized according to each situation, but in life insurance, it is often inherited property, and when inheritor or third party is designated as beneficiary, inherent property case is common. On the other hand, the Beneficiary's right is only acquire the rights but does not bear the obligation. Therefore, the Beneficiary's declaration of intention is not required. However, this provision is interpreted as an optional rule, so that a person designated as a Beneficiary may give up any benefit until the occurrence of an insurance accident, even after being assigned a Beneficiary as well as at the time of Life Insurance. However, when an insurance accident is happened, if they abandon the right, a complex problem arises in relation to the inheritor. Right to claim is in the inherited property, then the right to claim will be allocated to the other inheritor according to the inheritance, and if you give up inherent right to claim insurance money, it will have no effect on other inheritors. The effect of exemption from obligation will occur to insurer.