수출신용보험 청구권 양도와 보험자의 대위권 행사가능성에 대한 고찰

The subject matter insured under the Medium and Long-term Export Insurance is right under the Financial Documents. A bank as a party of Financial Documents and Medium and Long-term Export Insurance contracts has incentives to transfer the right under the Financial Documents for a variety of reasons, including but not limited to cash liquidity, the management of the country risk, and funding through asset securitization. Once the Financial Documents is transferred, the related party of the Medium and Long-term Export Insurance will be changed. The type of change in related party includes the change of the policyholder, what the policyholder designates the insured, and what the policyholder designates the claimant. The designation of the claimant means that the policyholder only assigns the right under the Medium and Long-term Export Insurance without transfer of position as policyholder or insured. If the right under the Medium and Long-term Export Insurance is transferred and the assignee of the subject matter insured is designated as the claimant, the effect of the insurance contract is different according to the realization of the transfer or assignment. In the case of a real sale, the insurance contract will be invalid. However, the insurance contract may be retained if the right under the Financial Documents is transferred as collateral. The former has the problem that the insurer can not exercise the right of subrogation after the payment of insurance claim, and the latter can let the insurer exercise the right of subrogation. In order to improve the soundness of the trade insurance fund and the convenience of the use of export insurance by policyholders, the suggestions are the following measures. First, the transfer of right for insurance claim should be permitted only in very limited circumstances. The transfer of claim rights without the transferring right under the Financial Documents should be permitted because creditors can freely dispose of their property. However, if the subject matter insured is transferred, transferring claim right as a means of changing the Medium and Long-term Export Insurance contract party should be avoided as it may have a negative impact on the effect of the Medium and Long-term Export Insurance contract and the economic realities of the claimant. Second, actively use the designation of insured persons. Currently, the general terms and conditions of the Medium and Long-term Export Insurance consist of insurance for policyholder themselves, so there are no clauses in relation to the insured person. The general terms and conditions is based on an insurance for oneself, but in some cases, designating an insured rather than changing policyholder may lead greater economic benefits to related parties. Even if the financing is diversified, the change of the contents of the Financial Documents under the Medium and Long-term Export Insurance will have effects as not only modification of the Financial Documents but also change of legal relationships under the Medium and Long-term Export Insurance. The further study will be needed and meaningful because as export credit insurance is operated by K-SURE with their own operating revenues and trade insurance funds, it should continue its efforts to maintain the fund’s soundness at the national policy level.